Transcript of the Testimony of GARRY MCCARTHY Date: January 20, 2016 Case: KING VS. EVANS TOOMEY REPORTING Phone: 312-853-0648 Fax: 312-853-9705 Email: toomeyrep@sbcglobal.net Internet: http://www.toomeyreporting.com/ GARRY MCCARTHY January 20, 2016 Page 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RITA KING, Plaintiff, vs. GLENN EVANS, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 13 C 1937 This is the deposition of GARRY McCARTHY, called by the Plaintiff for examination, taken pursuant to the Federal Rules of Civil Procedure for the United States District Courts pertaining to the taking of depositions, taken before PEGGY A. ANDERSON, a Certified Shorthand Reporter of the State of Illinois, at 10150 South Western Avenue, Chicago, Illinois, on January 20, 2016 at 3:00 p.m. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 2 1 A P P E A R A N C E S: 2 3 4 5 6 THE LAW OFFICES OF: THOMAS G. MORRISSEY BY: MR. PATRICK MORRISSEY MR. THOMAS G. MORRISSEY 10150 South Western Avenue Chicago, Illinois 60643 (773) 233-7900 patrickmorrissey1920@gmail.com 7 8 Appeared on behalf of the Plaintiff; 9 10 11 12 13 14 THE LAW OFFICES OF: CITY OF CHICAGO FEDERAL CIVIL RIGHTS LITIGATION DIVISION BY: MR. BRIAN F. KOLP 30 North LaSalle Street Suite 900 Chicago, Illinois 60602 (312) 744-0747 brian.kolp@cityofchicago.org 15 16 17 Appeared on behalf of the individual defendants, D.T. Clifford, R.A. Sutton, K.L. Rodgers. 18 19 20 21 22 23 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 3 1 A P P E A R A N C E S: 2 3 4 5 6 7 THE LAW OFFICES OF: CITY OF CHICAGO FEDERAL CIVIL RIGHTS LITIGATION DIVISION BY: MR. THOMAS J. PLATT 30 North LaSalle Street Suite 900 Chicago, Illinois 60602 (312) 744--4833 Thomas.Platt@cityofchicago.org 8 Appeared on behalf of the Deponent, Garry McCarthy; 9 10 11 THE LAW OFFICES OF: QUINTAIROS, PRIETO, WOOD & BOYER, P.A. 12 BY: 13 14 15 16 17 MR. KENNETH BATTLE 233 South Wacker Drive 70th Floor Chicago, Illinois 60606 (312) 566-0040 kenneth.battle@qpwblaw.com Appeared on behalf of the Defendant, Glenn Evans. . 18 19 20 21 22 23 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 4 1 I N D E X WITNESS PAGE 2 GARRY McCARTHY 3 4 DIRECT EXAMINATION BY MR. MORRISSEY: 6-96 5 6 7 E X H I B I T S 8 9 MARKED PAGE 10 11 12 ****** 13 14 15 16 17 18 19 20 21 22 23 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 5 1 (WHEREUPON, the witness 2 was first duly sworn.) 3 MR. MORRISSEY: This the deposition 4 of King versus Evans taken pursuant to 5 notice and continued to this date. 6 My name is Pat Morrissey. I 7 represent the Plaintiff, Rita King. 8 could you state your name for the record? 9 10 11 THE WITNESS: Sir, Garry McCarthy. MR. MORRISSEY: Have you sat for a deposition before? 12 THE WITNESS: 13 MR. MORRISSEY: Yes. So you understand the 14 rules? 15 I'm going to ask that you answer them 16 orally. 17 question, please ask me to clarify, okay? 18 I'm going to ask you questions, and If you are confused with the THE WITNESS: You got it, yeah. 19 20 21 22 23 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 6 1 WHEREUPON: 2 GARRY McCARTHY, 3 called as a witness herein, having been first 4 duly sworn, was examined and testified as 5 follows: 6 D I R E C T 7 8 9 E X A M I N A T I O N BY MR. MORRISSEY: Q Mr. McCarthy, did you review any documents in preparation for today's 10 deposition? 11 A I did. 12 Q What did you review? 13 A Mr. Platt sent me a couple of 14 documents. 15 Evans' -- some disciplinary history. 16 second one being the policy regarding 17 emotionally disturbed persons that was revised 18 in, I think, April of 2015 or something like 19 that, 2014 maybe. 20 21 22 Q One of them being Commander The So you reviewed the April 2015 policy regarding emotionally disturbed arrestees? A If that's when it was from. 23 recall. 24 disturbed persons. I don't I reviewed a policy on emotionally TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 7 1 Q Can you describe the document you 2 reviewed regarding Commander Evans' 3 disciplinary history? 4 A Describe the document? I looked at 5 it on my iPad, so not particularly. 6 some allegations on there and some dispositions 7 but I only glanced at it, quite frankly. 8 can't give you too much detail on it. 9 10 Q It had So I Was it a print off of the CLEAR system? 11 A I have no clue. 12 Q Do you recall what the allegations 13 were relating to Commander Evans? 14 A No. 15 Q Do you recall the disposition of the 16 17 18 charges against Commander Evans? A I don't recall if there were any charges against Commander Evans, so no. 19 Q Are you currently employed? 20 A I'm sorry? 21 Q Are you currently employed? 22 A I have my own business. 23 Q What do you do? 24 A I started an LLC. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 8 1 Q What does your LLC do? 2 A Consulting. 3 Q In what years were you superintendent 4 of the Chicago Police Department? 5 A From May of 2011 until December 2015. 6 Q Going back to the document you 7 reviewed in preparation for today's deposition, 8 do you have it on your possession? 9 A No. 10 Q Is it on your phone? 11 A No. 12 Q Did you delete the e-mail? 13 A I may have. 14 Q Have you ever reviewed a document 15 16 similar to that before? A 17 Sure. MR. PLATT: 18 the question. 19 talking about? 20 understand. 21 22 I don't recall. Objection to the form of What document are you You can answer if you BY THE WITNESS: A I expect that you're asking me if I 23 reviewed the disciplinary history. 24 is yes. TOOMEY REPORTING 312-853-0648 The answer GARRY MCCARTHY January 20, 2016 Page 9 1 2 BY MR. MORRISSEY: Q As superintendent of the Chicago 3 Police Department, have you ever reviewed a 4 disciplinary history of an officer before? 5 A Yes. 6 Q Are they generally printed off the 7 8 9 10 11 CLEAR system? A I'm not positive. My staff would bring me a printout of something. I don't know where they got it from. Q Did this document you reviewed, did 12 it include more than one allegation of 13 misconduct by Evans? 14 A Yes. 15 Q Did it include more than two 16 allegations of misconduct? 17 A Yes. 18 Q More than five? 19 A I have no idea. 20 21 22 really study it. Q I told you I didn't I glanced at it. Were there any years relating to any of these allegations against Commander Evans? 23 A I presume there were. 24 Q Do you recall which years they were? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 10 1 A No. 2 Q Why did you review that document 3 regarding Commander Evans' disciplinary 4 history? 5 A 6 deposition. 7 Q 8 Because I was coming here for this Had you ever reviewed that document before? 9 A I don't recall. 10 Q Prior to holding the position of 11 superintendent of the Chicago Police 12 Department, did you work in law enforcement? 13 A Uh-huh, yes. 14 Q Can you briefly describe where you 15 16 worked in law enforcement? A From July of '81 until October of 17 2006, I was the -- I was a police officer in 18 New York City. 19 retiring as a deputy commissioner. 20 from October of '06 until May of 2011, I was 21 the police director of the city of Newark, New 22 Jersey. 23 24 Q I went through the ranks After that, Did you apply to become the superintendent of the Chicago Police TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 11 1 Department? 2 A Yes. 3 Q Can you describe that process? 4 A There's an application with essay 5 questions. 6 Website. 7 application that you can get online, printed 8 out. 9 whatever blanks that they ask for, return it to 10 It's available online or on a I don't recall where. There's an You answer essay questions and fill in the police board, Chicago Police board. 11 Then the police board does a vetting 12 process. 13 for interviews with the police board. 14 it's -- I think, in my case, it was around ten 15 individuals, and then they recommend three 16 candidates to the mayor and the mayor makes the 17 selection. 18 19 Q They bring in a number of candidates I think Did the mayor interview you before you became superintendent? 20 A Yes. 21 Q What did you discuss with the mayor? 22 A Police procedures and policy. 23 Q How many meetings did you have with 24 the mayor before he appointed you the TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 12 1 2 superintendent of police? A Two -- actually, one and there was a 3 second meeting that the mayor stopped by, and I 4 spoke to him for a moment; but it was a meeting 5 with the mayor. 6 Q So in May of 2011, you became the 7 superintendent of the Chicago Police 8 Department? 9 A Yes. 10 Q Were you a sworn officer? 11 A Yes. 12 Q Did you become familiar with the 13 rules and regulations of the Chicago Police 14 Department? 15 A Yes. 16 Q Tell me how you did that? 17 A So to become a sworn officer in 18 Illinois, I had to do I think it was 40 hours 19 of training; and based upon my 30 years in law 20 enforcement, there was a -- I forget what you 21 call it, like a grandfathering in, if you will. 22 So I didn't have to go through six months of 23 training in the police academy. 24 Q Did you review the Ch TOOMEY REPORTING TOOMEY REPORTING 312-853-0648 (312) 853-0648 GARRY MCCARTHY January 20, 2016 Page 13 1 Department general orders? 2 A Yes. 3 Q Did you learn about IPRA when you 4 became the superintendent of the Chicago Police 5 Department? 6 A Yes. 7 Q Tell me how you learned about IPRA? 8 A Well, I worked with IPRA. 9 IPRA was the investigating component for force 10 complaints, police-related shootings and I 11 guess the best way to put it is special 12 category verbal abuse, if it involves 13 ethnicity, race, gender or sexual orientation, 14 things of that nature. 15 Q How did you learn about the 16 organization IPRA when you became 17 superintendent? 18 IPRA chief at the time? Did you have meetings with the 19 A Yes. 20 Q When you became superintendent of the 21 Chicago Police Department, did you learn how 22 the police department investigates allegations 23 of misconduct by members of the police 24 department? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 14 1 2 3 4 5 6 7 MR. BATTLE: The police department or IPRA doing the investigations? BY THE WITNESS: A Yes. BY MR. MORRISSEY: Q Who investigates allegations of misconduct by members of the police department? 8 A It depends on the type of misconduct. 9 Q How does the police department 10 11 differentiate the misconduct? A As I said, IPRA investigates force, 12 police-related shootings and special category 13 verbal abuse. 14 everything else. 15 16 Q Internal affairs investigates Would everything else include -- Can you give me some examples? 17 A Stealing money from a drug dealer. 18 Q Anything else? 19 A Everything else. 20 Q Why does IPRA investigate allegations 21 of physical misconduct by the police 22 department? 23 A 24 It's a great question. to ask the same question. TOOMEY REPORTING 312-853-0648 I would like GARRY MCCARTHY January 20, 2016 Page 15 1 Q Do you know the answer? 2 A No. 3 Q Did you ever have any conversations 4 with -- Strike that. 5 When you became superintendent, did 6 you ever ask the mayor about why IPRA has 7 delegated the responsibility of investigating 8 police misconduct? 9 A I doubt I'd ask the mayor. 10 Q Why doesn't the Chicago Police 11 Department investigate allegations of physical 12 misconduct by a police officer? 13 14 15 16 MR. PLATT: the question and -BY THE WITNESS: A All I could tell you is how it 17 happened. 18 BY MR. MORRISSEY: 19 Objection to the form of Q I can't tell you why. Did you ever raise that to the mayor 20 about why IPRA is delegated the responsibility 21 of investigating police misconduct? 22 23 MR. PLATT: Objection, relevance, you can answer. 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 16 1 2 3 BY THE WITNESS: A Yes. BY MR. MORRISSEY: 4 Q What did you tell the mayor? 5 A It's not just the mayor. I had the 6 conversations with the corporation counsel, 7 mayor's chief of staff and I pointed out what I 8 believed was a dysfunctional disciplinary 9 system where I had accountability but not 10 authority. 11 determiner on suspensions of 30 days or more. 12 The police board is the final IPRA investigates those categories 13 that I mentioned, not the Chicago Police 14 Department. 15 behavior of every police officer in the Chicago 16 Police Department and those entities may or may 17 not share the vision of the person who is 18 running the department nor understand police 19 culture because they're all civilians. 20 21 Yet, I'm accountable for the MR. MORRISSEY: Let's take a few-minute break. 22 (WHEREUPON, a short 23 break was had.) 24 MR. MORRISSEY: Back on the record. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 17 1 2 BY MR. MORRISSEY: Q Before we took a break, 3 Superintendent, you talked about how the -- 4 there's a dysfunctional process to discipline a 5 police officer, correct? 6 A Yes. 7 Q And you had conversations with 8 corporation counsel about this issue? 9 A Yes. 10 Q When did you first have a 11 conversation with the corporation counsel 12 regarding this issue? 13 MR. PLATT: I'm going to object to 14 this line of questioning. 15 to do with the allegations in this case or 16 the claims against the city of Chicago, but 17 you can answer the question. 18 MR. BATTLE: 19 objection. 20 BY THE WITNESS: 21 A recall. 23 BY MR. MORRISSEY: Q I'll join in that I can't answer the question. 22 24 It has nothing Did you have more than one TOOMEY REPORTING 312-853-0648 I don't GARRY MCCARTHY January 20, 2016 Page 18 1 conversation with the corporation counsel 2 regarding this issue? 3 4 5 6 7 MR. PLATT: Same objection. You can answer. BY THE WITNESS: A Sure. BY MR. MORRISSEY: 8 Q Who was the corporation counsel? 9 A Steve Pett (phonetic). 10 Q And has he been the corporation 11 counsel during your tenure as superintendent? 12 A Yes. 13 Q You also mentioned you discussed this 14 with the mayor, correct? 15 A Yes. 16 Q Did you discuss this issue with the 17 mayor on more than one occasion? 18 A Probably. 19 Q Do you recall when the first time you 20 21 mentioned this to the mayor was? MR. PLATT: Objection to this line of 22 questioning, irrelevant. 23 the question. 24 TOOMEY REPORTING 312-853-0648 You can answer GARRY MCCARTHY January 20, 2016 Page 19 1 2 BY THE WITNESS: A The answer is no. 3 sometime in early 2012. 4 BY MR. MORRISSEY: It was probably 5 Q What did the mayor say to you? 6 A As a result of my conversations with 7 the mayor, there was a process that was begun 8 where a group called AT Kearney -- 9 THE REPORTER: 10 THE WITNESS: 11 I believe. 12 BY THE WITNESS: 13 A AT what? Kearney, K-e-a-r-n-e-y, -- came in on a pro bono basis to 14 review our disciplinary system and the 15 interactions between the police board, IPRA, 16 the police department, our internal affairs and 17 the overall methods that we used whether it be 18 arbitration, conferral and the way the entire 19 system worked. 20 BY MR. MORRISSEY: 21 22 Q Do you know whether this company generated a report based on the investigation? 23 A They did. 24 Q What's the report titled? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 20 1 2 3 4 A I think it's called the AT Kearney Report. Q Do you know when the report was published? 5 A No. 6 Q Did you receive a copy of the report? 7 A I believe I did, but I don't recall. 8 Q Do you know who else received a copy 9 of the report? 10 A No. 11 Q Do you know what the findings of this 12 13 report were? A You know, I'm a little bit confused 14 because there was a second report called the 15 Safer Report that was somehow generated from 16 the same process. 17 Kearney issued the report or Safer issued the 18 report. 19 same. 20 if they have different recommendations; but I 21 do know that I read one or the other, an 22 executive summary of it. 23 24 So I don't remember if I don't know if they're one in the I don't know if there's -- I don't know And basically they asked us questions about what we thought we should do internally TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 21 1 about the disciplinary system. 2 what we were doing, and then they recommended 3 that we do it. 4 5 6 Q We told them Do you know if any of these reports were made public? A Yes, I believe it was the Safer 7 Report was actually presented to the community 8 in some fashion. 9 meeting that I couldn't attend. There was some sort of a It was brought 10 to my attention at the last moment. 11 get to review the report before it was 12 published. 13 some sort of a form. 14 Q I didn't It was given out to the community, Do you know whether the police 15 department or the city of Chicago changed any 16 procedures based on either one of the reports? 17 A I can't speak for the city, but what 18 I can tell you is that we implemented a number 19 of the recommendations that we had made. 20 didn't have to wait for a report to implement 21 the things that I wanted to do internally to 22 try and strengthen our disciplinary system. 23 24 Q I What did you do personally to strengthen the disciplinary process of the TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 22 1 2 police department? A I expanded the size of internal 3 affairs. 4 Supervisory Assignment Board, which gave 5 internal affairs the option, the first right of 6 refusal, if you will, to pick up supervisors. 7 In the event that you're a detective, and 8 you're a homicide detective, you're obviously a 9 good investigator and you get promoted to 10 11 We created something called the sergeant. If that sergeant wanted to go back to 12 the detective division as an investigator, 13 internal affairs would have the first 14 opportunity to take them into internal affairs 15 as a supervisor and an investigator, which 16 should improve the prowess of internal affairs 17 to conduct investigations. 18 We also gave internal affairs 19 geographical accountability. 20 investigating crimes, you become more 21 knowledgeable of the individuals and the 22 conditions in each area. 23 24 So just like in We increased the training for internal affairs. I put an experienced -- I TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 23 1 took in -- promoted a commander from the rank 2 of lieutenant who was considered probably the 3 best investigator in the Chicago Police 4 Department named Brendan Deenihan and violated 5 a policy, if you will, that I created that when 6 you get promoted you go to a district command 7 to learn how to be a district commander because 8 it was one of the most important positions in 9 the department, but Brendan Deenihan became the 10 exception to the rule because internal affairs, 11 in battling corruption and misconduct, was 12 critical to our performance. 13 I also took Eddie Welch who is now 14 the chief of internal affairs, and I promoted 15 him to -- No, I did not promote him to deputy 16 chief. 17 in internal affairs as the Number 2, the 18 executive officer, creating a position that had 19 not existed in the past; and the reason why I 20 did that is because Eddie Welch has extensive 21 investigative prowess in detectives earlier in 22 his career. 23 24 He was the deputy chief, and I put him Those are just a few things off the top of my head. I think we also upgraded their TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 24 1 technology. 2 IA Pro, I believe, and we've done a couple of 3 other things, I'm sure, but that's just off the 4 top of my head. 5 Q We purchased something called Did any of these changes that you 6 caused allow internal affairs to investigate 7 police brutality? 8 9 A No, because it's not a policy change. I'm sorry. I misspoke because it was not a 10 policy of mine or the superintendent or the 11 Chicago Police. 12 that IPRA does those investigations. 13 want to make sure that I got it straight. 14 Q It's by municipal ordinance I just When you became the superintendent of 15 Chicago Police, how did the police department 16 track and monitor allegations of excessive 17 force by department members? 18 MR. PLATT: 19 MR. MORRISSEY: 20 MR. PLATT: 21 22 When he first started? Correct. You can answer. BY THE WITNESS: A Through their personnel files. If 23 it's coming out of CLEAR, like you suggested 24 earlier in the interview, whatever that process TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 25 1 was, that's how they were tracked. 2 BY MR. MORRISSEY: 3 Q Do you have any personal knowledge 4 how the police department used the CLEAR system 5 to track or monitor certain police officers 6 with allegations of misconduct? 7 A I don't know the nuts and bolts of 8 it, but there was a couple of separate 9 programs. You know, I get confused because 10 it's the third department I was in. 11 York it was called force monitoring. 12 it was called something else, and I forget what 13 it was called here where an officer receives 14 "X" amount of complaints for "Y" allegation, 15 they go into a monitoring system which could 16 entail more training or supervision. 17 Q In New In Newark When you talk about a trigger to 18 identify certain police officers, you mentioned 19 complaints, correct? 20 A Yes. 21 Q Are these complaints that are 22 sustained or not sustained by IPRA? 23 A Sustained. 24 Q Why didn't the police department TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 26 1 monitor all CRs of an individual officer? 2 A Who said we didn't? 3 Q Well, did the city when you became 4 superintendent of police monitor all CRs of an 5 officer? 6 A All CRs were on record, yes. 7 Q Were all CRs taken into account when 8 monitoring or tracking certain police officers 9 or is it only if the officer had a sustained 10 11 CR? A Well, you need to describe what you 12 mean by monitoring because a police officer 13 receives a number of different quote, unquote, 14 monitors. 15 supervisor who is going out on patrol with them 16 every single day or whatever it is that they 17 are doing, if they are in narcotics or in the 18 gang unit and doing their job with them and 19 they will be watching their behavior; and then 20 there's formal monitoring systems, which is 21 what I'm referring to. 22 officer gets "X" number of sustained 23 complaints, then they get a different level of 24 monitoring. The first one is the first line Like I said, if an TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 27 1 So supervision and monitoring could 2 be the same thing and everybody receives 3 supervision on a daily basis. 4 Q In terms of formal monitoring when 5 you became superintendent of police, the police 6 department looked at the number of sustained 7 CRs of a particular officer, correct? 8 A Yes. 9 Q When you left the police department 10 in December of 2015, did anything change 11 regarding that process? 12 A Just to answer -- I answered your 13 question which is do they look at sustained 14 complaints? Yes. Do they look at unsustained 15 complaints? Yes. They are all recorded. 16 are all in the officer's personnel file. 17 18 19 Q Who was the IPRA chief when you became the superintendent 2011? A Ilana Rosenzweig. 20 THE REPORTER: 21 THE WITNESS: 22 23 24 They Who? I'm sorry. Iliana, I-l-i-a-n-a (sic), I believe. BY MR. MORRISSEY: Q Did you have periodic meetings with TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 28 1 the chief at the time? 2 A Yes. 3 Q How frequently would you have 4 5 meetings with the chief? A I think we had a scheduled monthly 6 meeting, and we may have met other times if 7 necessary; but I don't recall if that ever 8 occurred. 9 Q 10 occur? 11 A In my office. 12 Q Who set the agenda of the meetings? 13 A We didn't really have an agenda. Where did these meetings typically She 14 would come in, and we would go over some of the 15 cases that we needed to come to conclusions on. 16 The way the process works is that 17 IPRA makes a recommendation to the 18 superintendent regarding possible disciplinary 19 action based upon their investigation; and then 20 if I agree, and it's less than a 30-day 21 suspension, then it just is done right there. 22 If I were to disagree, we could 23 negotiate. 24 more investigation; and where we both agreed I could also send cases back for TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 29 1 that a case was either greater than a 30-day 2 suspension or a separation case right up to 3 separation, those cases would go to the police 4 board. 5 So we would just really go over the 6 cases and talk about where we were and some 7 policies and things like that. 8 have a formal set agenda to my recollection. 9 Q We didn't ever After IPRA completes an investigation 10 of a CR and recommends a sustained finding, 11 what's the next step in the procedure when you 12 became superintendent in 2011 for the police 13 department to review that finding? 14 A Like I said, they would send that 15 over to the department. 16 the attorneys would review the case to 17 determine whether or not it warranted charges; 18 and if there were any issues with the actual 19 legalities of their recommendations, then they 20 would summarize it and come to me and talk 21 about it; and then I would draw my conclusion 22 as to whether or not I concurred or didn't 23 concur. 24 was less than 30 days, that would be the end of My general counsel and And if I concurred, like I said, if it TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 30 1 it; and if I didn't concur, then we would 2 negotiate or it would go to the police board. 3 4 5 Q How did you learn about that procedure? A I can't answer that. It's almost 6 five years ago. 7 me down and explained it to me. 8 did, but I certainly executed that procedure on 9 a very regular basis. 10 11 Q I don't know if somebody sat I'm sure they It was part of my work. Was this before or after a Command Channel Review by the police department? 12 A After. 13 Q So after IPRA -- Strike that. I want 14 to talk about initially when you became the 15 superintendent of police. 16 recommended a sustained finding of a CR, what 17 would first happen with your police department 18 related to that file? 19 was an -- 20 A After IPRA initially And let's assume the CR I can't be positive. All I can tell 21 you what I believe the process was, and I think 22 I've described that that it would go to my 23 general counsel who would review it. 24 go through Command Channel Review, as you TOOMEY REPORTING 312-853-0648 It would GARRY MCCARTHY January 20, 2016 Page 31 1 mentioned, and then I would make my 2 determination. 3 Q While it was going through the 4 Command Channel Review, could a commanding 5 officer overrule IPRA's decision? 6 A No. 7 Q How do you know that? 8 A Because I know the process. 9 10 11 12 make recommendations. They can All they do is give their opinion. Q You're referring to the Command Channel Review? 13 A Yes. 14 Q What are the options of an individual 15 who has conducted a Command Channel Review of a 16 CR that's sustained against a police officer? 17 A They could agree. They could 18 disagree. 19 disagree with the discipline. 20 would be the totality of it, and it's only an 21 opinion. 22 Q They can agree with the finding and I believe that It's not a finding. And if a member of the police 23 department was conducting a Command Channel 24 Review and disagreed, made an opinion and TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 32 1 disagreed with the IPRA recommendation of a 2 sustained finding, what would happen next based 3 on your understanding? 4 A It would go to the next level and the 5 same process would continue. 6 against an officer in a district, the district 7 commander would review it. 8 9 So if it was After that, the area commander, the area deputy chief would review it and then the 10 chief of patrol would review and then the first 11 deputy and then myself. 12 Q So it's your understanding you would 13 review every CR that was sustained by IPRA and 14 made it's way up the Command Channel Review on 15 the police department side? 16 A Yeah. 17 Q Would you make any record that you 18 reviewed a CR finding by IPRA? 19 MR. PLATT: 20 21 22 the question. Objection to the form of You can answer. BY THE WITNESS: A I wouldn't make a record. My staff 23 would come in with a series of cases. 24 go over the cases, and I would agree or TOOMEY REPORTING 312-853-0648 We would GARRY MCCARTHY January 20, 2016 Page 33 1 disagree. 2 the finding, disagreeing with the recommended 3 discipline or agreeing with the recommended 4 discipline. 5 BY MR. MORRISSEY: 6 Q In that same realm of agreeing with Did you believe the Command Channel 7 Review was an appropriate step in the process 8 of disciplining a police officer with 9 allegations of misconduct? 10 MR. PLATT: 11 relevance. 12 BY THE WITNESS: 13 14 15 16 A 19 20 You can answer. I do. BY MR. MORRISSEY: Q Why do you think it was an appropriate step? 17 18 Objection to the form and MR. PLATT: Same objection. You can answer. BY THE WITNESS: A Because just like I was accountable 21 of the behavior of every police officer in the 22 department, those individuals are accountable 23 for the officers who work for them; and as a 24 result, they should have some sort of input TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 34 1 into what's happening when an officer is being 2 disciplined. 3 authority. 4 Q Accountability comes with When you worked for the New York City 5 Police Department, how did the department 6 discipline or investigate allegations of 7 misconduct by members of the department? 8 MR. BATTLE: 9 MR. PLATT: 10 11 12 13 14 15 ahead. Objection, relevance. Same objection. You can answer. BY THE WITNESS: A It was a different system. BY MR. MORRISSEY: Q Can you describe how the system worked in New York City? 16 A Yeah. 17 Q Can you briefly describe it? 18 19 MR. BATTLE: 22 Same objection to relevance. 20 21 Go MR. PLATT: Go ahead. BY THE WITNESS: A So allegations of misconduct or 23 corruption were investigated by internal 24 affairs. Allegations of verbal abuse would be TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 35 1 investigated by something called Civilian 2 Complaint Review board. 3 Internal affairs would conduct their 4 investigation. 5 advocate who acted as a prosecutor if there was 6 a finding of a sustained allegation. 7 advocate would file charges against an officer 8 where appropriate. 9 There was actually a department That The prosecution of it would take 10 place or actually the department -- I got to 11 remember the name, but they're judges, if you 12 will, trial commissioners are what they called, 13 and the officer would have a trial in front of 14 that commissioner with the advocate prosecuting 15 and his union defending. 16 The trial commissioner would 17 determine guilt or innocence and recommend a 18 police commissioner who then 19 would have the final sign off on the 20 discipline. 21 Q 22 To your knowledge, was there any Command Channel Review in the New York City -- 23 A No. 24 Q Were the internal affairs TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 36 1 investigators in New York City sworn officers 2 who conducted the investigations? 3 A Yes. 4 Q Do you know whether New York City had -- 5 A I'm sorry. Only for corruption and 6 misconduct in internal affairs. 7 Complaint Review Board, those verbal issues, or 8 low level force like somebody complaining of 9 handcuffs were too tight or something like that Civilian 10 was handled by civilians, Civilian Complaint 11 Review Board. 12 Q Based on your understanding, if a 13 citizen in New York alleged that a police 14 officer hit her real hard on the sidewalk, 15 would that be investigated by -- would that be 16 considered misconduct and be investigated by 17 IA? 18 A 19 harassment? 20 whether or not it's an assault or a battery or 21 what. 22 Q Is it an assault or is it a The level of injury determines If a woman complained that a police 23 officer hit her and broke her arm, would that, 24 in New York City, based on your understanding, TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 37 1 be investigated as misconduct by IA? 2 3 MR. PLATT: Objection, relevance. You can go ahead. 4 MR. BATTLE: Objection, incomplete 5 hypothetical and relevance to this entire 6 line of questioning. 7 regarding the New York City Police 8 Department. 9 10 It's a waste of time BY THE WITNESS: A I believe it would be investigated by 11 internal affairs. 12 believe it would be investigated by them. 13 BY MR. MORRISSEY: 14 Q I could be mistaken, but I In New Work City, was there a time 15 limit for internal affairs to investigate 16 misconduct by a sworn officer? 17 MR. PLATT: 18 You can answer. 19 20 21 22 Objection, relevance. BY THE WITNESS: A I don't recall. BY MR. MORRISSEY: Q In New York City, did -- Was the 23 internal affairs section controlled by union 24 rules regarding how they could conduct their TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 38 1 investigation? 2 MR. BATTLE: 3 relevance. 4 BY THE WITNESS: 5 A Not how they conduct their 6 investigation, no. 7 BY MR. MORRISSEY: 8 9 Q Same objection to So in New York City, based on your understanding, the internal affairs officer had 10 discretion in how to investigate witnesses and 11 conduct an investigation of a police officer 12 misconduct? 13 A 14 15 16 Okay. MR. BATTLE: Objection, relevance. BY MR. MORRISSEY: Q When you became superintendent of the 17 Chicago Police Department in 2011, did you know 18 who IPRA was staffed by? 19 A Yes. 20 Q What was your understanding of the 21 investigators in IPRA who investigated 22 allegations of police misconduct? 23 A I don't understand your question. 24 Q Are you aware that IPRA has TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 39 1 investigators? 2 A Yes. 3 Q And do these investigators 4 investigate allegations of police misconduct? 5 A Yes. 6 Q Are they sworn officers? 7 A No. 8 Q Do you have any personal knowledge of 9 10 11 the training that these IPRA investigators received? A Only to the extent that Scott Ando 12 and I, at one point, I allocated some funding 13 for IPRA to go for some specialized training. 14 Other than that, I have no knowledge of their 15 training. 16 17 Q Do you recall when you allocated funding to Mr. Ando? 18 A Probably about a year ago. 19 Q Why did you allocate funding to IPRA? 20 A Because Mr. Ando requested to go to a 21 specialized -- to send some folks to a 22 specialized investigators' training course that 23 we were attending, and he wanted to send some 24 folks along; and my budget was obviously larger TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 40 1 than his, and I forgot where we got the money 2 from but I'm pretty certain that we provided 3 and they attended. 4 Q 5 department? 6 A No. 7 Q Were you Mr. Ando's supervisor? 8 A I'm sorry? 9 Q Did you supervise Mr. Ando? 10 A No. 11 Q Did you ever have a conversation with Does Mr. Ando work for the police 12 Mr. Ando regarding the training of the IPRA 13 investigators? 14 15 16 A Only to the degree that I just articulated. Q Do you have any personal knowledge 17 whether the IPRA investigators are restricted 18 in how they conduct an investigation of police 19 misconduct based on the Chicago Police 20 Department's union? 21 22 23 24 MR. PLATT: the question. Objection to the form of You can answer. BY THE WITNESS: A No. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 41 1 2 3 BY MR. MORRISSEY: Q As a superintendent of police, did you promote individuals to commander? 4 A Yes. 5 Q How many commanders are there on the 6 police department? 7 A I couldn't answer that. 8 Q What do you look for in a commander? 9 A Experience, leadership, knowledge of No idea. 10 police work, an understanding of the 11 philosophies that I was trying to imbue into 12 the Chicago Police Department like proactive 13 policing, not reactive policing, doing 14 something before somebody gets killed, not 15 waiting until afterwards and trying to solve 16 the crime. 17 18 Q Do you have any written criteria that you used to -- 19 A No. 20 Q How would you solicit suggestions for 21 22 individuals to be a commander? A There was a merit board process when 23 I got there where, I guess, a department memo 24 went out soliciting recommendations for TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 42 1 promotion to commander and that would come from 2 commanders and above in the department, and I 3 forget what the numbers were, but I think a 4 commander could recommend one person and a 5 deputy chief could recommend two and a chief 6 had no recommendations, if I recall correctly; 7 and then they would submit paperwork regarding 8 why they recommended those individuals, and it 9 had different areas that they were made to 10 comment on, for instance, integrity, work 11 ethic, things of that nature. 12 They would forward those 13 recommendations, and the department had a merit 14 board; and I don't recall who made up the merit 15 board. 16 deputy superintendent and the chiefs. 17 federal monitor would sit in on it based upon 18 the Shakman Decree back in the day along with 19 the inspector general, if I recall correctly. 20 I think it was chaired by the first The Then they would give me a list of 21 individuals who the merit board determined were 22 of sufficient caliber to be recommended for 23 promotion to commander. 24 when I got there. That was the process TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 43 1 What I added to it was an interview 2 with me being as how I thought it was important 3 to ask those questions personally of 4 individuals to make my own determination. 5 thought it was a good thing to do. I 6 Subsequently, that processed changed. 7 We entered into a whole new policy in agreement 8 with the inspector general and the federal 9 monitor whereby we changed the actual process. 10 We kicked it down to a promotion board of 11 deputy chiefs and a banding of the individuals 12 who come through there based upon ranking, if I 13 recall correctly, and then I would go through 14 the same interview process. 15 it was it was relatively similar. 16 17 Q Other than that, When did you start interviewing individuals for promotion? 18 A I'm sorry? 19 Q When did you begin the process of 20 21 interviewing the candidate? MR. PLATT: You mean the process 22 itself or just individuals personally? 23 Form of the question. 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 44 1 2 BY MR. MORRISSEY: Q Well, you testified that you changed 3 the process when you became superintendent to 4 add a component where you actually interviewed 5 a potential candidate for promotion, correct? 6 A Correct. 7 Q Do you recall approximately when you 8 started doing that? 9 A No. 10 Q Did you consult with the mayor when 11 you considered a promotion? 12 13 14 15 16 17 MR. BATTLE: What type of promotion, if you don't mind me asking? BY THE WITNESS: A Yeah, we promoted -- BY MR. MORRISSEY: Q Why don't you tell me what types of 18 promotions you can make as superintendent to 19 department members? 20 A I can promote detectives. I can 21 promote sergeants, lieutenants, captains, 22 commanders, deputy chiefs, chiefs and in two 23 separate instances, the first deputy 24 superintendent. There were also some other TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 45 1 positions that I don't really recall right now 2 where there was meritorious promotions, I 3 believe, like bomb technicians and canine 4 handlers also and detectives were all subject 5 to meritorious promotion, at least a percentage 6 of them. 7 Q Would you consult with IPRA when you 8 were promoting, for example, or considering a 9 promotion of an individual to commander? 10 A I don't believe so. 11 Q What investigation would you take 12 when you were considering whether to promote an 13 individual to commander? 14 A What investigation would I take? 15 Q Correct. 16 A I would review what was given to me 17 as far as their personnel records whether it be 18 sick time, disciplinary history. 19 cases, I would actually speak to their 20 supervisors. 21 Q In some During your entire tenure with the 22 police department, would you always review an 23 individual's disciplinary history when 24 promoting him or her to commander? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 46 1 A Yes. 2 Q What disciplinary history would you 3 look at? 4 A I think it was a printout of 5 allegations sustained and dispositions of 6 sustained, unsustained, unfounded. 7 Q And that would encompass the 8 individual's entire tenure on the police 9 department? 10 A Maybe not because I think there was a 11 union rule that had something to do with how 12 far back those disciplinary records would be 13 available, and I'm not sure if I got all of 14 them. 15 16 17 Q Which union rule are you referring A The one that deals with disciplinary to? 18 history and how much of that record is kept. 19 There comes a point when it gets purged, I 20 believe, or at least goes into a nonreviewable. 21 Q When did you first meet Glenn Evans? 22 A First time I remember meeting Glenn 23 Evans, there was a shooting on Cottage Grove 24 Avenue where some police officers witnessed a TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 47 1 double murder on the street and engaged in a 2 running gun battle with the individuals who 3 were -- had committed that murder. 4 an extensive vehicle pursuit. 5 There was This happened at like 3:00 o'clock in 6 the afternoon, and I remember there were a 7 number of different crime scenes as a result of 8 that; and I remember meeting then Lieutenant 9 Evans from the 6th District at the scene of one 10 of those events, and he was given the task of 11 supervising one of those crime scenes. 12 Q Do you recall what year this was? 13 A It was probably 2011. 14 Q When was the next time you 15 encountered Glenn Evans? 16 A I don't know. 17 Q After you first met Glenn Evans in 18 approximately 2011, did you continue to stay in 19 contact with him? 20 A I don't understand your question. 21 would run across him once in a while. 22 recall. 23 24 Q I I don't I don't know where. You are aware that he was promoted to commander in 2012, correct? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 48 1 A Yes. 2 Q Do you know who suggested Glenn Evans 3 4 5 6 should be promoted to commander to you? A I believe it was Eddie Johnson who was his commander in 6. Q Do you know whether Eddie Johnson 7 made a written request that Glenn Evans should 8 be considered for promotion to you? 9 A I believe that it was Eddie Johnson 10 who made the recommendation as I articulated 11 before regarding the process of filling out 12 that paperwork and forwarding it. 13 was Eddie Johnson. 14 Q I believe it I'm not positive. And when you considered Glenn Evans 15 for promotion to commander, did you receive a 16 disciplinary history? 17 A I believe I did. 18 Q As you sit here today, do you have 19 any recollection of reviewing his paperwork 20 when considering Glenn Evans for promotion? 21 22 23 24 A I don't recall reviewing the actual paperwork. Q I'm sure I did. When you were considering Glenn Evans for promotion to commander, did you have a TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 49 1 conversation with IPRA Chief Rosenzweig 2 regarding Glenn Evans' CR history? 3 A I don't believe so. As I stated 4 before, I don't believe I conferred with IPRA 5 when considering people for promotion. 6 Q At some point, did Scott Ando suggest 7 that you as a superintendent should consider a 8 CR history or -- Strike that. 9 Did Scott Ando ever suggest to you 10 that the superintendent should consult with 11 IPRA when considering an individual for 12 promotion to a commander or higher up? 13 MR. PLATT: 14 the question. 15 Evans? 16 commander. 18 BY THE WITNESS: 20 21 You mean any commander or MR. MORRISSEY: 17 19 Objection to the form of A I'm talking about any I don't recall. BY MR. MORRISSEY: Q Do you recall how many CRs Glenn 22 Evans had at the time when he was considered 23 for promotion to commander? 24 A No. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 50 1 Q Do you know whether Rita King's CR 2 was open at the time you considered Evans for 3 promotion? 4 A I do not recall, but apparently it 5 was because I'm told it still is. 6 mentioned that to me. 7 8 Q Mr. Platt Did you have an interview with Glenn Evans prior to promoting him to commander? 9 A Yes. 10 Q Approximately when did you have this 11 interview? 12 A No idea. 13 Q Do you recall -- 14 A When was he promoted in 2012? 15 Q I'm not sure. 16 A Okay. 17 Q Do you have any recollection of 18 having the interview with Glenn Evans prior to 19 the promotion? 20 21 22 23 24 A I remember interviewing him. I don't remember specifics of it. Q Do you have any recollection of anything that was discussed at the meeting? A Not specifically, no. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 51 1 Q When you interviewed Glenn Evans for 2 the commander position, did you discuss the 3 disciplinary history? 4 A I don't recall. 5 Q Where did you first assign Glenn 6 I presume I did. Evans as commander? 7 A 3rd District. 8 Q Why did you place Glenn Evans in the 9 10 3rd District? A Because I believe that was right 11 after we had to demote the commander who was 12 there who was named Lynnette Helm to captain, 13 and there was an available commander's slot in 14 the 3rd District. 15 Q As commander, what were -- Strike 16 that. 17 was a lieutenant, correct? Prior to making commander, Glenn Evans 18 A Yes. 19 Q Do you have any personal knowledge of 20 who promoted Glenn Evans to lieutenant? 21 A No. 22 Q Are there two ways to move up the 23 ranks in the police department either through 24 merit or -- Is there another way other than TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 52 1 merit? 2 A Yes. 3 Q What's that called? 4 A In New York, it's called Career Path. 5 In Chicago it's called -- I forget what it's 6 called. 7 Q It's test taking. Do you know whether Glenn Evans was a 8 merit person for the lieutenant position or did 9 he take a test to fill the position of 10 lieutenant? 11 A 12 13 I have no idea. MR. MORRISSEY: Why don't we take a few-minute break. 14 (WHEREUPON, a short 15 break was had.) 16 17 18 BY MR. MORRISSEY: Q After Chief Rosenzweig left IPRA, Scott Ando became the IPRA chief, correct? 19 A Yes. 20 Q Did you continue the monthly meetings 21 with Scott Ando? 22 A Yes. 23 Q Did anything change regarding the 24 structure of the meetings? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 53 1 A No. 2 Q Who usually attended these meetings? 3 A I'm sorry. Something did change in 4 that Ilana Rosenzweig used to come by herself, 5 and Scott Ando would bring two individuals with 6 him as his number one and number two persons 7 whose names I do not recall right now. 8 9 Q And was there any agenda that was discussed at those meetings? 10 MR. PLATT: 11 MR. MORRISSEY: 12 13 You mean with Ando? Yes. BY THE WITNESS: A The same process that we had 14 previously with Ilana Rosenzweig. 15 over cases and problems. 16 We would go There was one specific time that I 17 know we had a separate meeting besides the 18 monthly meeting, and that had to do with the 19 fact that they recommended a termination of an 20 officer for a Rule 14 violation that I couldn't 21 really sign off on it based upon the way that 22 the report was written. 23 24 We had a meeting, reviewed videotape of the actual incident that came from the store TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 54 1 nearby; and based upon that, with the actual 2 interview of that individual, I was able to 3 come to the conclusion that he did, in fact, 4 engage in lying under oath; and, therefore, I 5 recommended his termination. 6 BY MR. MORRISSEY: 7 Q When did that happen? 8 A Probably about a year ago. 9 Q What is Rule 14? 10 A Rule 14 is lying during a department 11 12 investigation. Q And who determined this officer 13 violated Rule 14, is that an IPRA function or 14 IA function? 15 A It's either or. In the case of an 16 investigation of IPRA, they will make the 17 determination if an officer is not being 18 truthful. 19 In the case of an investigation that 20 internal affairs is doing, they would make the 21 determination as to whether or not an officer 22 is telling the truth. 23 24 Q How would you propose disciplining an officer for violating Rule 14? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 55 1 A They should be terminated. 2 Q Does the Chicago Police Department 3 keep a list of individuals who have violated 4 Rule 14? 5 6 A I mean, I presume that we can generate one, yes. 7 Q And how would you generate a list? 8 A You would have to ask the tech 9 10 11 people. Q Have you ever had a conversation with Scott Ando regarding Glenn Evans? 12 A I believe I did. 13 Q When did you have this conversation? 14 A I forget the gentleman's name. I 15 believe his name is maybe Ricky Williams was 16 the case where they had alleged that Commander 17 Evans had put his gun in his mouth, and they 18 were -- I think there was only one 19 conversation. 20 of staff who came to me, Gus Menionez (phonetic) 21 to tell me that they were going to swab Glenn 22 Evans', Commander Evans', gun for DNA based 23 upon that allegation and that caused a little 24 bit of a consummation because we didn't know if I remember that it was my chief TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 56 1 that meant that they were taking his gun, in 2 which case, we would have to get a replacement 3 firearm if he was remaining on full duty. 4 I forget the process how that 5 actually worked. 6 after they swabbed it, but I don't believe that 7 Scott and I had a conversation regarding that 8 process. 9 when Scott recommended that Commander Evans be 10 stripped based upon that allegation, and I did 11 not concur with it. I believe he kept his gun I believe that there came a point 12 Q Where did you have this conversation? 13 A I think it was via telephone. 14 Q Do you recall when you had this 15 conversation? 16 A No. 17 Q Did Scott Ando give you anything in 18 writing that laid out his recommendation that 19 Glenn Evans be stripped? 20 A I don't recall. 21 Q Why did you not agree with Scott 22 23 24 I don't think so. Ando's recommendation? A Because the allegation was that Commander Evans had stuck his gun down the TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 57 1 individual's throat, and you cannot force a 2 weapon into somebody's throat without causing a 3 physical injury. 4 be an abrasion. 5 would be broken teeth if that had, in fact, had 6 occurred; and Mr. Ando told me that there 7 was -- that the individual had no injury. 8 9 Q It's impossible. There would There would be a cut. There As the superintendent of police, did you have the ability to override Mr. Ando's 10 recommendation to strip an officer of his 11 police powers? 12 A Yes. 13 Q And where is that authority found; is 14 that in the union contract? 15 A I don't know. 16 Q During this phone conversation, did I don't recall. 17 Mr. Ando tell you that there were other 18 allegations of misconduct by Glenn Evans? 19 A I don't recall. 20 Q Did Mr. Ando tell you that Rita King 21 had an open CR file against Commander Evans? 22 A I don't recall. 23 Q So after this phone call, you made 24 the decision that Commander Evans would TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 58 1 continue to work as a commander for the police 2 department? 3 A Yes. 4 Q Did you take any action to -- Strike 5 that. 6 field? 7 A How did you supervise commanders in the They are supervised by the area 8 deputy chiefs and the chief of patrol if they 9 were in patrol. If they were in another unit 10 like narcotics or some other component of 11 detective, they are supervised by a different 12 chief. 13 Q 14 So a commander is supervised by a deputy chief in the field? 15 A Correct. 16 Q Do you know how the deputy chiefs 17 18 supervise commanders? A Well, based upon my observation and 19 my expectations, deputy chiefs would also be in 20 the field and I would see them in the field 21 speaking with the commanders. 22 observing their performance. 23 engaged in -- Chain of command is something 24 that we followed I want to say strictly, I would see them I would see them TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 59 1 perhaps not all the time. 2 about something that was happening in the 3rd 3 District, I would ask the chief of patrol what 4 had happened; and my expectation is that he had 5 spoken to the area deputy chief. 6 a number of different methods. 7 observation. 8 being out there working with them. 9 Q If I wanted to know So there was It's by It's by interaction and it's by After Mr. Ando recommended that Glenn 10 Evans be stripped of his police powers, did you 11 as superintendent take any action to more 12 closely supervise Glenn Evans in the field? 13 A Did I? 14 Q Correct. 15 A I did not. 16 Q Are you aware of any deputy chief or 17 chief taking any action to more closely 18 supervise Glenn Evans in the field? 19 A I don't recall if I gave a direction. 20 I don't recall if I took any specific action. 21 I was regularly on patrol; and whenever I was 22 on proposal, I kind of followed the same 23 routine and I would generally stop into the 3rd 24 District, and I would observe Commander Evans TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 60 1 instructing his individual supervisors and 2 officers and routinely engaged in team-led 3 enforcement activities. 4 that I did on a regular basis, not just with 5 Commander Evans. 6 Q So it was something After Mr. Ando suggested that Glenn 7 Evans be stripped of his police powers, did you 8 ever discuss this issue with Mayor Emanuel? 9 A I don't recall if I discussed it with 10 him at that point. 11 charged him, I know I spoke to him. 12 13 14 Q When the state's attorney Do you recall approximately when Glenn Evans was charged? A It was right before Labor Day. So I 15 could tell you exactly. 16 before Labor Day, and I believe it was 2014. 17 don't think it was as far back as 2013. It was the Tuesday I 18 Q And after Glenn Evans was charged -- 19 A I'm sorry. That's when I was 20 informed that he was going to be charged on 21 Thursday. 22 just for accuracy. 23 24 Q So he wasn't charged on Tuesday, Who told you Glenn Evans would be charged criminally? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 61 1 A The State's Attorney, Anita Alvarez. 2 Q Why did she contact you? 3 A Courtesy. 4 Q What did you do after Anita Alvarez 5 told you Glenn Evans would have criminal 6 charges? 7 A I called the mayor. 8 Q What did the mayor say? 9 A He already knew about it. 10 Q Did you have any other discussion 11 12 with the mayor regarding Glenn Evans? A I don't think so. The conversation 13 was more about what am I going to do in the 14 second busiest district in the city over Labor 15 Day weekend without a commander in charge. 16 Q Do you recall how much time elapsed 17 between the phone conversation with Mr. Ando 18 and Anita Alvarez contacting you about the 19 criminal charges? 20 A It was like a year. 21 Q Did you ever have a conversation with 22 Glenn Evans regarding Mr. Ando's recommendation 23 to strip him of his police powers? 24 A I don't believe so. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 62 1 2 Q Did Alderman Irving ever complain to you about Commander Evans' misconduct? 3 A Yes. 4 Q What did Alderman Irving tell you? 5 A Alderman Irving called me complaining 6 that either Commander Evans -- No, I'm sorry. 7 If I have this correct, I received a phone call 8 from Commander Evans telling me that Alderman 9 Irving had blocked in Commander Evans' vehicle 10 in the parking lot of the 11th District and 11 that Alderman Irving was out of line hollering 12 at the commander in public in front of some 13 police officers completely disrespectful and 14 that he was in an unauthorized area and could 15 have been arrested for trespass; and I don't 16 remember actually having a conversation with 17 Alderman Irving about Commander Evans, although 18 I'm positive it would have happened. 19 from Commander Evans, not from Alderman Irving. 20 Q I got it Did Commander Evans call you before 21 or after Mr. Ando recommended he be stripped of 22 his police powers? 23 A After, yes. 24 Q After that initial phone call by TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 63 1 Commander Evans, did you follow up with 2 Commander Evans regarding this incident either 3 in person or on the telephone? 4 A I probably did, but I don't recall. 5 As I recall, to the best of my recollection, it 6 was something that was resolved between the two 7 of them. 8 Q 9 issue? 10 A 11 12 13 14 Did you tell the mayor about this I don't recall specifically, but I probably would have. Q Did Corey Booker also complain about Glenn Evans to you? A Not to my recollection. I wouldn't 15 know what relationship Commander Evans and 16 Corey Booker would ever have. 17 Q Do you know who Corey Booker is? 18 A Yes. 19 Q Are you familiar with the term code 20 of silence? 21 A 22 I'm familiar with what is considered the code of silence. 23 Q What is your understanding of it? 24 A My understanding of the code of TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 64 1 silence is when one individual from a 2 profession, perhaps an attorney or a doctor or 3 a police officer, doesn't testify as to some 4 sort of misconduct by another professional. 5 6 7 8 9 10 Q When you say "testify," what do you mean? A Speak publically about, make a complaint. Q Does it also mean completing official paperwork? 11 A It could. 12 Q What did you do in 2011 when you 13 became superintendent to investigate whether 14 there was a code of silence in the Chicago 15 Police Department? 16 17 MR. PLATT: the question. Objection to the form of It's argumentative. 18 MR. BATTLE: 19 MR. KOLP: I'll join. I'll join as well. I'm 20 going to object to the extent that you lay 21 an appropriate foundation for this line of 22 questioning. 23 24 MR. PLATT: Go ahead. BY THE WITNESS: TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 65 1 A During the entirety of my tenure, 2 there was a very strong focus on 3 professionalism, which extended way beyond a 4 code of conduct to the most minor things like 5 wearing a uniform, like carrying out military 6 courtesies and having organizational 7 discipline. 8 changes in the department. 9 That was reflected in hundreds of You asked me about what I did with 10 internal affairs. 11 probably five or six things off the top of my 12 head. 13 was to reduce crime, reduce complaints against 14 officers while at the same time providing 15 professional services and everything that we 16 did was focused on that. 17 I was able to tick off The entire focus of my administration When officers -- When I believed 18 officers committed a Rule 14 violation, I 19 recommended their dismissal to the police 20 board. 21 the police board. 22 Q Many times it was not concurred with by As a superintendent of the Chicago 23 Police Department, how many Rule 14 violations 24 did you recommend dismissal to the police TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 66 1 board? 2 A I don't know. I can tell you that 3 they only concurred with 75 percent of my -- 4 I'm sorry. 5 of my separation recommendations. 6 7 8 9 10 11 Q They only concurred with 25 percent Approximately how many separations did you recommend to the police board? A I can't even venture a guess. It was probably in the vicinity of 30 or 40, and that's completely a guess. Q What steps did you take when you 12 became the superintendent of the Chicago Police 13 Department in 2011 to investigate whether there 14 was some pattern of officers covering up for 15 one another? 16 MR. PLATT: Objection to the form of 17 the question, no foundation. 18 answer. 19 MR. BATTLE: 20 MR. KOLP: You can I will join. I'm also going to object 21 to the extent it's argumentative. 22 assumes facts that haven't yet been 23 testified to. 24 MR. PLATT: You can answer. TOOMEY REPORTING 312-853-0648 It GARRY MCCARTHY January 20, 2016 Page 67 1 2 BY THE WITNESS: A I think I already answered the 3 question talking about professionalism. 4 BY MR. MORRISSEY: 5 Q Did you have any conversations with 6 Mayor Emanuel in 2011 regarding concern about a 7 code of silence in the police department? 8 9 10 A Probably not, not to my -- Let me rephrase that. Q Not to my recollection. In 2012 did you ever have any 11 conversations with Mayor Emanuel about any 12 perceived code of silence in the police 13 department? 14 A I can't recall if it was in 2012 or 15 not, but I know that there was a federal grand 16 jury I believe it was or a federal trial where -- 17 I think it came out of the Abbate case that 18 there was a code of silence and that would have 19 sparked some conversation regarding it, and I 20 don't recall speaking to the mayor about it but 21 I presume that I would have, which would have 22 led me into the entire discourse that I gave 23 you already about the disciplinary system and 24 how we should have taken efforts to change the TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 68 1 way it was done in my opinion. 2 MR. MORRISSEY: All right. 3 (WHEREUPON, a short 4 break was had.) 5 6 7 MR. MORRISSEY: Back on the record. BY MR. MORRISSEY: Q Do you recall ever having a 8 conversation with the mayor about a code of 9 silence in the police department? 10 A No. 11 Q Did the mayor ever mention that to 12 you, that topic? 13 A I don't recall. 14 Q Other than you, do you know anybody 15 else under your command who the mayor regularly 16 met with? 17 A We had a weekly meeting with myself, 18 the first deputy superintendent, my chief of 19 staff and the deputy chief of crime control 20 strategies. 21 mayor and the mayor's staff on a regular basis, 22 weekly. The four of us would meet with the 23 Q And were these at City Hall? 24 A Yes. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 69 1 Q Did the mayor control the agenda? 2 A Yes. Well -- Yes, he controlled the 3 agenda, but it doesn't mean it's always spoke 4 about because I always went in with a list of 5 things that I needed to talk to him about. 6 7 8 9 Q Did the -- Who from the mayor's office attended this meeting? A Usually the mayor's chief of staff, either Janey Rountree or Felicia Davis 10 depending on who was the deputy chief of staff 11 for public safety and sometimes David 12 Spielfogel. 13 Q 14 I think that's about it. Was there an agenda disseminated prior to the meeting? 15 A No. 16 Q Do you know whether any minutes were 17 18 19 20 generated from the meeting? A No, no minutes were taken at the meeting. Q During these weekly meetings, did you 21 ever discuss with the mayor and his staff any 22 pattern or practice of excessive force in the 23 police department? 24 A I don't recall. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 70 1 Q During these weekly meetings with the 2 mayor, do you recall ever discussing how the 3 police board wouldn't accept your 4 recommendations regarding terminating some 5 officers? 6 A I remember having this conversation 7 with the mayor and his staff, and that was all 8 part and parcel of what I already told you 9 about where I recommended a top-to-bottom 10 review of our disciplinary system; and what I 11 recommended was that a blue-ribbon panel of 12 experts in police discipline be convened from 13 across the country because I have a very strong 14 network of police professionals, and I know 15 individuals who have their doctorates with 16 dissertations on police discipline who have 17 experience in a number of different departments 18 across the country; and I recommended that we 19 get a panel of them to come in, take a look at 20 our disciplinary system like I said before 21 between IPRA, the police board and the police 22 department and our internal affairs division 23 and make recommendations as to structural 24 changes regarding how the system worked. TOOMEY REPORTING 312-853-0648 That GARRY MCCARTHY January 20, 2016 Page 71 1 was all part and parcel of the same 2 conversation? 3 4 Q And did this happen? Did they appoint a blue-ribbon committee? 5 A No. 6 Q Why not? 7 A I don't know. 8 Q When did you ask the mayor to appoint 9 10 11 12 13 14 15 16 17 18 a blue-ribbon committee? A As I told you earlier, I believe it would have been in early 2012. Q What did the mayor say in response to your proposal? A I believe he gave it to his chief of staff to look into. Q Did his chief of staff or did the mayor ever get back to you? A Yes. The chief of staff convened as 19 I already told you, the folks from AT Kearney 20 who came in and took a look at the system. 21 22 23 24 Q But your vision was different than what the mayor's chief of staff did, correct? A The process, my vision of the process, was different, yes. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 72 1 Q And how was it different? 2 A I think I already told you. I said 3 to convene a panel of experts from across the 4 country to come in, and what they did was they 5 hired a consultant to take a look at it. 6 sorry the consultant was pro bono. 7 consultant to look at it. 8 9 10 Q I'm They got a You previously testified the way some police officers were disciplined within your department was dysfunctional, correct? 11 A That's not what I said. 12 Q Can you describe what you said? 13 A I said -- 14 MR. KOLP: I'm going to object to the 15 extent that it's asked and answered. 16 You're asking him to clarify what he's 17 already testified to. 18 19 20 MR. PLATT: You can answer. BY THE WITNESS: A We have what I consider to be a 21 dysfunctional disciplinary system in that I'm 22 accountable for the behavior of every police 23 officer in the Chicago Police Department like 24 Jason Van Dike, and I'm not the final TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 73 1 determiner of what happens in disciplinary 2 matters regarding police officers in the 3 department. 4 Q How did this dysfunctional 5 disciplinary system impair your ability as 6 superintendent of the Chicago Police 7 Department? 8 A 9 10 11 12 It made it very difficult to implement my vision of policing and standards of behavior. Q Was this one of your biggest concerns as superintendent? 13 A Yes. 14 Q Did you have any -- Strike that. 15 you have any problems with the way IPRA 16 conducted their investigation of police 17 officers? 18 A Did On an individual basis, there were 19 some cases that I had problems with that I sent 20 back for further investigation. 21 Q Did you have any structural issues 22 with the way IPRA conducted investigations of 23 police misconduct? 24 MR. PLATT: Objection to form. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 74 1 MR. BATTLE: 2 3 Structural issues? you understand the question? BY THE WITNESS: 4 A If you're referring to the fact that 5 an outside agency is investigating force 6 complaints, no, I don't have a problem with 7 that. 8 BY MR. MORRISSEY: 9 Do Q Did you have any -- Were you 10 advocating for more of a system that New York 11 had where sworn officers from the department 12 would investigate some allegations of 13 misconduct in Chicago? 14 A I didn't advocate for any specific 15 system. 16 top-to-bottom review of the way that discipline 17 and the system was implemented in the city of 18 Chicago, and I pointed out the simplest issue, 19 which is that if I'm the person who is 20 instilling the values of the department in the 21 individuals, the discipline system has to 22 reflect that; and when I'm making 23 recommendations for separation, it's troubling 24 that communities across the country want police -- What I advocated for was a TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 75 1 civilian oversight of police departments; and 2 here we are where I'm recommending termination 3 of individuals and three out of four are not 4 being terminated. 5 want out of that system. 6 7 Q We are not getting what we Do you have any power over who was on the Chicago Police review board? 8 A No. 9 Q Who appoints those individuals? 10 A The mayor. 11 Q As the superintendent of the Chicago 12 Police Department, did you ever review findings 13 by IPRA where allegations of excessive force 14 were not sustained where you, in your opinion, 15 believed that they should have had a different 16 outcome? 17 A 18 Repeat the question, please. MR. MORRISSEY: We'll take a break. 19 (WHEREUPON, a short 20 break was had.) 21 22 23 24 MR. MORRISSEY: Back on the record. BY MR. MORRISSEY: Q As the superintendent, did the police board have the final say if an officer was TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 76 1 recommended for discipline over 30 days? 2 A Yes. 3 Q Did you ever recommend discipline 4 over 30 days but short of termination to the 5 police board? 6 A Maybe. 7 Q Do you have any recollection of the I don't recall. 8 police board ever denying your recommendation 9 that an officer should be suspended for more 10 11 12 13 than 30 but short of termination? A I don't remember if I ever recommended it, so I would have to say no. Q But you do recall situations where 14 the police board would not agree with your 15 recommendation to separate a department member, 16 correct? 17 A Correct. 18 Q What could you do as superintendent 19 if the police board overruled your 20 recommendation? 21 22 23 24 MR. BATTLE: Objection, asked and answered. BY THE WITNESS: A There's an appeal process actually. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 77 1 BY MR. MORRISSEY: 2 Q Tell me about the appeal process. 3 A I'm not sure if it's arbitration or 4 not. 5 a system whereby working with the corporation 6 counsel, we can appeal that decision and it 7 goes to another level outside. 8 an arbitration, and that would be our only 9 recourse. I forget what venue it took, but there's I believe it's 10 Q Did you ever follow that procedure? 11 A Absolutely. 12 Q Do you know the outcome -- Strike 13 that. 14 board overruled your recommendation? Did you do that every time the police 15 A Most of the time. 16 Q Do you know what happened with the 17 appeal process regarding most of those 18 instances where you tried to override the 19 police board? 20 21 22 23 24 MR. PLATT: the question. Objection to the form of You can answer, if you know. BY THE WITNESS: A Many times, the corporation counsel would determine that we didn't have a legal TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 78 1 sufficiency to produce enough evidence that we 2 could sustain the separation. 3 I don't really recall us being successful at 4 arbitration very frequently. As a matter of 5 fact, I can't recall at all. So most of the 6 times, we lost those cases. 7 BY MR. MORRISSEY: 8 9 Q Other than that, Did you ever convey your concerns to the mayor about how the police board would not 10 always agree with your recommendation to 11 terminate a department member? 12 A I believe you've asked me that 13 question like three times, and I've answered 14 yes. 15 16 17 Q Did you discuss with the mayor ways to rectify the problem? A I have already explained. Yes, I 18 suggested a process by which we find a 19 solution. 20 21 22 Q Did the mayor ever ask you for input on who to put on the police board? A As I said, the mayor gave it to his 23 chief of staff, and the chief of staff asked me 24 for recommendations which I provided. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 79 1 Q Did you have any oversight as the 2 superintendent of the Chicago Police Department 3 if IPRA came back with a not sustained finding 4 of a CR? 5 A I don't understand your question. 6 Q IPRA can either sustain a CR or not 7 sustain a CR, correct? 8 9 10 11 12 MR. KOLP: I'm going to object to the extent that that's not the full catalog of its options. BY THE WITNESS: A Yeah, there's other categories that 13 they could -- 14 BY MR. MORRISSEY: 15 Q What other categories are there? 16 A Unfounded. 17 Q So there's unfounded, sustained and 18 19 20 21 not sustained. A recall. Q Any others, to your knowledge? There probably is, but I don't Those are the three major categories. If IPRA returned a CR and decided it 22 was unfounded, what could you as the 23 superintendent of police do relating to that 24 citizen complaint? TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 80 1 A What could I do? 2 Q (Indicating.) 3 A I'm not positive what I could do. 4 Q Did you ever have any conversations 5 with the IPRA chief regarding what you as the 6 superintendent could do if a CR was returned 7 and IPRA found that it was unfounded? 8 A I don't recall. 9 Q Do you recall ever taking any action -- 10 Strike that. 11 reinvestigate a complaint if they initially 12 found the CR unfounded? Could you ask IPRA to 13 A Yes. 14 Q Do you recall ever doing that? 15 A I don't recall. 16 Q If IPRA found that a CR was not 17 sustained, how would you as the superintendent 18 be notified of that finding? 19 A I'm not sure I would be. 20 Q As the superintendent of police, what 21 could you do if IPRA returned a CR 22 investigation with not sustained? 23 24 MR. PLATT: Objection, it's already asked and answered. You can answer again. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 81 1 2 3 MR. BATTLE: Join. BY THE WITNESS: A I already said I don't know what I 4 could have done, and I don't recall if it ever 5 occurred. 6 BY MR. MORRISSEY: 7 8 9 Q When you met with the IPRA chiefs, did you ever discuss the -A I'm sorry. I answered the question 10 that I could return it for more investigation. 11 So you asked me the question both ways, and 12 that's the answer. 13 further investigation; but other than that, I'm 14 not sure. 15 Q I could return it for Did you ever have any conversations 16 with the IPRA chiefs regarding statistics that 17 IPRA maintained regarding how long it took to 18 complete their investigations? 19 A Yes. 20 Q What types of statistics have you 21 discussed with the IPRA chiefs regarding the 22 length? 23 24 A Just -- As a matter of fact, very early on, I had a conversation with Ilana TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 82 1 Rosenzweig, and I suggested, to speed up the 2 process, that where they're investigating an 3 allegation of excessive force against a police 4 officer and they find that there was some sort 5 of a problem with the paperwork that they 6 should stop their investigation, give it to our 7 internal affairs division and we would handle 8 it; and they could go on to the next case and 9 investigate the next force complaint or 10 whatever they needed to do. 11 a case and going from A to Z and determining if 12 there's any misconduct in the case to focus on 13 the areas of their concern, which is the force 14 and verbal abuse; and I thought that that would 15 lighten their load. 16 17 18 Q Rather than taking When you talk about paperwork problems, what do you mean? A There's an inordinate amount of 19 paperwork that goes into arrests, firearms 20 discharges, just street stops now are a 21 two-page report. 22 So at the end of the day, there's a 23 lot of paperwork, and sometimes paperwork may 24 not be properly completed, incorrectly TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 83 1 supervised and IPRA would stay with that entire 2 investigation from start to finish and where 3 they get an allegation that Police Officer 4 McCarthy beat up a pregnant nun, they can't 5 substantiate the case but yet they find out 6 that I didn't file the proper paperwork and 7 they stay with that case until they seal every 8 allegation, which in my book, is not something 9 that they need to, that we can handle it and we 10 can do it with training or discipline, if 11 necessary, and it would lighten their load. 12 13 14 Q Did Chief Rosenzweig tell you that IPRA had a heavy load of open files? A Yes. There were some cases that took 15 like six years to be completed, and you can't 16 expect that that's fair to anybody whether it 17 be the complainant or the subject officer. 18 Some officers have been stripped for seven 19 years, which is just not a good way to run a 20 business. 21 Q So did you find that the length of 22 time that IPRA took to investigate some 23 allegations of complaints were unacceptable? 24 A Absolutely. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 84 1 Q Other than suggest that Chief 2 Rosenzweig speed up the process by allowing IA 3 to handle some allegations where the paperwork 4 had a problem, what other recommendations did 5 you make? 6 A I don't recall if I did. 7 Q Did you ever tell the mayor that, at 8 times, it took IPRA too long to complete a CR 9 investigation? 10 A Yes. That was all part of the same 11 conversation regarding the dysfunctional 12 disciplinary system. 13 14 Q And that we already discussed today, correct? 15 A I'm sorry? 16 Q We've already discussed that aspect 17 today, correct? 18 A At length, yes. 19 Q When Chief Ando took over, do you 20 know whether IPRA still had a backlog of cases 21 that were open? 22 A Yes, but as I recall, Scott told me 23 how he had cut down on the backlog and the 24 overall investigative time of their case log. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 85 1 I don't know if it was an average or what you 2 would call it, maybe an average length of 3 completion of a case or he had cleaned up a 4 backlog of older cases, one or the other or 5 maybe even both. 6 that they were making significant progress on 7 that, and I was very pleased about it. 8 9 10 Q He had told me at one point Did Chief Rosenzweig accept your recommendation to allow IA to handle some cases? 11 MR. PLATT: Objection, that's not 12 what he said. 13 question and assumes a fact not 14 established. 15 16 It's the form of the You can answer the question. BY THE WITNESS: A Yeah, that's not what I said. What I 17 said was once they determined that the -- there 18 were certain reasons why IPRA handles cases. 19 have already articulated that a number of 20 times. 21 be not sustained and there's other problems 22 with the police procedure, I recommended that 23 they forward that case now to our internal 24 affairs division for completion of When that allegation is determined to TOOMEY REPORTING 312-853-0648 I GARRY MCCARTHY January 20, 2016 Page 86 1 investigation. 2 recommendation. 3 BY MR. MORRISSEY: She did not accept that 4 Q Did she tell you why? 5 A No. 6 Q Did you raise that recommendation 7 again to Chief Ando? 8 A Yes. 9 Q What did Chief Ando do? 10 A He accepted it. 11 Q In your opinion, was Chief Ando 12 effective as the IPRA administrator? 13 MR. PLATT: Objection to the form of 14 the question and to the relevance. 15 answer the question. 16 17 You can BY THE WITNESS: A I'm objecting to the relevance also 18 but I will say, yes, I thought he did a good 19 job of cutting down on his backlog of his 20 caseload based upon what he told me and the 21 time it took him to complete those 22 investigations; and we did not always agree, 23 but we always had an intelligent conversation 24 about why I felt one way and he felt another. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 87 1 And usually, we were able to come to a 2 conclusion. 3 example of Rule 14 that they recommended that I 4 didn't agree with initially that they swung me 5 the other way based upon the conversation. 6 That's the way I believe that system is 7 supposed to work. 8 question is yes. As I stated earlier, I gave you an So the answer to your 9 Q Do you know why Chief Ando left IPRA? 10 A I have not spoken to Scott Ando since 11 he left. 12 resigned based upon the best interest of the 13 city or some sort of statement along those 14 lines. 15 Q What I read in the papers is that he Did you ever have a conversation with 16 Chief Ando regarding an alleged code of silence 17 in the department? 18 A I don't recall. 19 Q As superintendent of police, did you 20 ever review Rita King's CR file? 21 A I don't believe so. 22 Q Are you aware that IPRA recommended a 23 24 15-day suspension for Commander Evans? A I only learned about that from TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 88 1 Mr. Platt in preparation for this meeting. 2 I'm sorry. 3 counsel, Ralph Price, had given me some 4 information on this case, and I don't recall 5 what it was. 6 recommendation of 15 days, but I don't 7 specifically recall. 8 9 Q I may have recalled. Oh, My general It may have been that there was a Are you aware of Ms. King's allegations against Commander Evans? 10 A Yes. 11 Q And you're aware that Ms. King was in 12 the 6th District lockup, and she refused an 13 order to be fingerprinted and photographed? 14 A Am I aware? 15 Q Correct. 16 A I have been told that. 17 Q Have you ever had a conversation with 18 Glenn Evans regarding Ms. King's allegations? 19 A Not to my recollection. 20 Q When is the last time you 21 22 23 24 communicated with Commander Evans? A The day he was acquitted on the case that we referred to earlier. Q Is Commander Evans still with the TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 89 1 police department? 2 A I can't answer that. 3 Q Are you familiar with the policies I have no idea. 4 and procedures regarding use of force by 5 officers? 6 A Yes. 7 Q And do you have any personal 8 knowledge whether Glenn Evans was trained by 9 the police department regarding use of force? 10 11 12 13 A I presume that he was based upon his graduating from the police academy. Q Did you ever provide any training to Glenn Evans regarding use of force? 14 A Did I provide training? 15 Q Correct, personally. 16 A No. 17 Q Based on your experience, under what 18 circumstances may a police officer apply force 19 to a verbally uncooperative arrestee in a 20 police department lockup? 21 22 23 24 MR. PLATT: Objection to the form of the question and relevance. MR. BATTLE: And incomplete hypothetical. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 90 1 2 BY THE WITNESS: A Yeah, I'm not even going to speculate 3 based upon how hypothetical that question is. 4 BY MR. MORRISSEY: 5 Q Are there certain circumstances that 6 a department member can apply force to a 7 citizen? 8 A Yes. 9 Q Under what circumstances may a police 10 officer use force to an unarmed arrestee? 11 12 MR. PLATT: hypothetical, unclear question. 13 14 MR. BATTLE: And it's so vague and broad. 15 MR. PLATT: 16 know. 17 BY THE WITNESS: 18 Objection, incomplete A You can answer, if you I can't answer the question based on 19 the way it's being posed. 20 BY MR. MORRISSEY: 21 Q Assuming there is a woman in the 6th 22 District lockup and she's surrounded by three 23 officers and another officer, a fourth officer, 24 comes into the lockup and this individual is TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 91 1 crying and standing in one spot and verbally 2 refuses an order to move over to the 3 fingerprint machine. 4 based on your understanding of the Chicago 5 Police Department policies and procedures may 6 an officer use force to encourage her to 7 cooperate? 8 9 Under what circumstances MR. PLATT: Objection to the form of the question, incomplete hypothetical. 10 MR. BATTLE: 11 MR. KOLP: Join. I'm also going to object 12 to the compound nature of that question as 13 well as I think the witness has already 14 articulated the unduly burdensome nature of 15 the question but -- 16 17 BY THE WITNESS: A I can't answer that question based on 18 the way it's posed because there's things that 19 that officer will have to articulate based upon 20 their experience, their observation and 21 circumstances that are happening at that time 22 and place, which I can't put myself in somebody 23 else's head. 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 92 1 2 BY MR. MORRISSEY: Q What factors do you know to determine 3 whether the application of force would be 4 appropriate? 5 6 7 8 9 MR. PLATT: Objection, he already answered that he can't know what -BY THE WITNESS: A I just gave you examples. gave you examples. I just I don't even know what the 10 person is arrested for. 11 pose a threat to the officers or any other 12 individual; and if the officer can articulate 13 that, that's a whole different circumstance. 14 That's why I can't answer the question. 15 BY MR. MORRISSEY: 16 Q I don't know if they Are you aware of a pressure point 17 pain compliance technique that's taught by the 18 police department? 19 A I did not go through the Chicago 20 Police Department training curriculum except 21 for that 40-hour course. 22 the police academy in Chicago. 23 answer that question. 24 Q I did not go through So I cannot So you have no knowledge whether the TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 93 1 police department trains officers to use a pain 2 compliance technique; is that fair to say? 3 A Actually, it's not fair to say. I 4 have been told that there is a pain compliance 5 technique that is taught, but I have personally 6 not seen it. 7 8 Q I have not been trained in it. Do you know whether Glenn Evans was trained in the pain compliance technique? 9 A I do not. 10 Q Do you have any personal knowledge -- 11 Strike that. 12 circumstances -- Strike that. Do you have any knowledge of what 13 When you were superintendent, were 14 you ever told that an officer applied a pain 15 compliance technique to an arrestee? 16 17 MR. PLATT: Objection to the form of the question. 18 MR. BATTLE: 19 MR. KOLP: 20 MR. BATTLE: 21 talking about? 22 MR. KOLP: 23 Any officer ever? Yeah. Is that what we are Apparently. So I will object to the form of the question. 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 94 1 2 3 4 5 BY THE WITNESS: A BY MR. MORRISSEY: Q MR. PLATT: 10 Objection to the form of the question, relevance. 8 9 Do you consider Glenn Evans one of your favorite commanders? 6 7 I don't recall. MR. BATTLE: Join. BY THE WITNESS: A I love them all equally. I have 11 tremendous respect for the individuals in the 12 Chicago Police Department who step up to 13 command positions like that, every single one 14 of them. 15 BY MR. MORRISSEY: 16 Q If a police officer invokes his or 17 her Fifth Amendment privileges in response to 18 official duties, do you believe that individual 19 should be disciplined or fired? 20 MR. BATTLE: 21 22 23 24 Objection. He's not an attorney. MR. PLATT: Yeah, it's also not relevant and form of the question. MR. KOLP: I object to the TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 95 1 argumentative nature of the question as 2 well. 3 to testify about. 4 5 This is so far beyond what he's here BY THE WITNESS: A 6 I don't even understand the question. MR. MORRISSEY: A few-minute break. 7 (WHEREUPON, a short 8 break was had.) 9 10 BY MR. MORRISSEY: Q Assuming there was an open CR file 11 that was being investigated by IPRA, what could 12 you do as a superintendent to discipline that 13 officer? 14 15 16 17 MR. PLATT: Objection to the form of the question. BY THE WITNESS: A What could I do? I'm not sure what I 18 could do, but I wouldn't do anything because I 19 wouldn't want to jeopardize -- well, you know 20 what, again, I don't understand the question. 21 If you're referring to disciplining him for the 22 allegation that's being investigated -- 23 BY MR. MORRISSEY: 24 Q Correct. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 96 1 A -- I would not do that. 2 Q Why not? 3 A Because I don't have an investigation 4 in front of me that I can sustain, unsustain or 5 unfound or make any other determination. 6 Q Is that because the city council 7 delegated the responsibility to IPRA to 8 investigate citizen complaints? 9 10 11 12 MR. PLATT: Objection to the form of the question. BY THE WITNESS: A The answer to that question is 13 actually no because if anybody else was 14 investigating it, until I had an investigation 15 in front of me that came to a conclusion, I 16 wouldn't dream of taking any disciplinary 17 action. 18 19 MR. MORRISSEY: further. 20 MR. PLATT: 21 MR. BATTLE: 22 MR. KOLP: 23 MR. PLATT: 24 I have nothing I have no questions. No questions. I have nothing. Reserve signature. FURTHER DEPONENT SAITH NOT..... TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 97 1 2 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION 3 RITA KING, 4 Plaintiff, 5 vs. 6 GLENN EVANS, et al., 7 Defendants. ) ) ) ) ) ) ) ) ) No. 13 C 1937 8 9 10 11 12 13 14 15 16 I, GARRY McCARTHY, being first duly sworn, on oath, say that I am the deponent in the aforesaid deposition, that I have read the foregoing transcript of my deposition, consisting of pages 1-97 inclusive, taken at the aforesaid time and place and that the foregoing is a true and correct transcript of my testimony so given. 17 18 ____________________________ GARRY McCARTHY 19 20 21 22 SUBSCRIBED AND SWORN TO me before this ________ day of ___________________, A.D. 2016. _________________________ Notary Public 23 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 98 1 2 3 STATE OF ILLINOIS ) ) COUNTY OF C O O K ) ss: I, Peggy A. Anderson, a Certified 4 Shorthand Reporter in the State of Illinois do 5 hereby certify: 6 That previous to the commencement of 7 the examination of the witness, the witness was 8 duly sworn to testify the whole truth 9 concerning the matters herein; 10 That the foregoing deposition 11 transcript was reported stenographically by me, 12 was thereafter reduced to typewriting under my 13 personal direction, and constitutes a true 14 record of the testimony given and the 15 proceedings had; 16 17 18 19 20 That the said deposition was taken before me at the time and place specified; That the said deposition was adjourned as stated herein; That I am not a relative or employee 21 or attorney or counsel, nor a relative or 22 employee of such attorney or counsel for any of 23 the parties hereto, nor interested directly or 24 indirectly in the outcome of this action. TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 99 1 IN WITNESS WHEREOF, I do hereunto set 2 my hand at Chicago, Illinois, this _______ day 3 of ____________________, 2016. 4 5 6 7 ______________________________________ 8 Peggy A. Anderson 9 Certified Shorthand Reporter 10 License No. 084-003813 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TOOMEY REPORTING 312-853-0648 GARRY MCCARTHY January 20, 2016 Page 1 A A.D 97:21 Abbate 67:17 ability 57:9 73:5 able 54:2 65:10 87:1 abrasion 57:4 Absolutely 77:11 83:24 abuse 13:12 14:13 34:24 82:14 academy 12:23 89:11 92:22 accept 70:3 85:8 86:1 accepted 86:10 account 26:7 accountabi... 16:9 22:19 34:2 accountable 16:14 33:20 33:22 72:22 accuracy 60:22 acquitted 88:22 acted 35:5 action 28:19 58:4 59:11 59:17,20 80:9 96:17 98:24 activities 60:3 actual 29:18 43:9 48:21 53:24 54:1 add 44:4 added 43:1 adjourned 98:19 administra... 65:12 administra... 86:12 advocate 35:5,7,14 74:14 advocated 74:15 advocating 74:10 affairs 14:13 19:16 22:3 22:5,13,14 22:16,18,24 23:10,14,17 24:6 34:24 35:3,24 36:6 37:11 37:15,23 38:9 54:20 65:10 70:22 82:7 85:24 aforesaid 97:11,14 afternoon 47:6 agency 74:5 agenda 28:12 28:13 29:8 53:8 69:1,3 69:13 ago 30:6 39:18 54:8 agree 28:20 31:17,18 32:24 56:21 76:14 78:10 86:22 87:4 agreed 28:24 agreeing 33:1 33:3 agreement 43:7 ahead 34:10 34:20 37:3 64:23 al 1:6 97:6 Alderman 62:1,4,5,8 62:11,17,19 allegation 9:12 25:14 35:6 55:23 56:10,23 82:3 83:3,8 85:20 95:22 allegations 7:6,12 9:16 9:22 13:22 14:6,20 15:11 17:15 24:16 25:6 33:9 34:6 34:22,24 38:22 39:4 46:5 57:18 74:12 75:13 83:23 84:3 88:9,18 alleged 36:13 55:16 87:16 allocate 39:19 allocated 39:12,16 allow 24:6 85:9 allowing 84:2 Alvarez 61:1 61:4,18 Amendment 94:17 amount 25:14 82:18 Anderson 1:14 98:3 99:8 Ando 39:11 39:17,20 40:4,9,12 49:6,9 52:18,21 53:5,10 55:11 56:17 57:6,17,20 59:9 60:6 61:17 62:21 84:19 86:7 86:9,11 87:9,10,16 Ando's 40:7 56:22 57:9 61:22 Anita 61:1,4 61:18 answer 5:15 8:19,23 11:8 15:1 15:23 17:17 17:21 18:4 18:22 19:2 24:20 27:12 30:5 32:20 33:11,18 34:10 37:18 40:22 41:7 66:18,24 72:18 77:21 80:24 81:12 85:14 86:15 87:7 89:2 90:15,18 91:17 92:14 92:23 96:12 answered 27:12 67:2 72:15 76:22 78:13 80:24 81:9 92:6 TOOMEY REPORTING 312-853-0648 anybody 68:14 83:16 96:13 apparently 50:4 93:22 appeal 76:24 77:2,6,17 Appeared 2:7 2:15 3:8,16 application 11:4,7 92:3 applied 93:14 apply 10:23 89:18 90:6 appoint 71:4 71:8 appointed 11:24 appoints 75:9 appropriate 33:7,16 35:8 64:21 92:4 approxima... 44:7 47:18 50:10 60:12 66:6 April 6:18,20 arbitration 19:18 77:3 77:8 78:4 area 22:22 32:8,9 58:7 59:5 62:14 areas 42:9 82:13 argumenta... 64:17 66:21 95:1 arm 36:23 arrested 62:15 92:10 arrestee 89:19 90:10 93:15 arrestees 6:21 arrests 82:19 articulate 91:19 92:12 articulated 40:15 48:10 85:19 91:14 asked 20:23 65:9 72:15 76:21 78:12 78:23 80:24 81:11 asking 8:22 44:13 72:16 aspect 84:16 assault 36:18 36:20 assign 51:5 Assignment 22:4 assume 30:18 assumes 66:22 85:13 Assuming 90:21 95:10 attend 21:9 attended 40:3 53:2 69:7 attending 39:23 attention 21:10 attorney 60:10 61:1 64:2 94:21 98:21,22 attorneys 29:16 authority 16:10 34:3 57:13 GARRY MCCARTHY January 20, 2016 Page 2 available 60:4 68:21 best 13:11 11:5 46:13 73:18 23:3 63:5 51:13 battery 36:20 87:12 Avenue 1:16 battle 3:12 beyond 65:3 2:5 46:24 14:1 17:18 95:2 average 85:1 34:8,18 biggest 73:11 85:2 37:4 38:2 bit 20:13 aware 38:24 38:14 44:12 55:24 47:23 59:16 47:2 64:18 blanks 11:9 87:22 88:8 66:19 74:1 blocked 62:9 88:11,14 76:21 81:1 blue-ribbon 92:16 89:23 90:13 70:11 71:4 91:10 93:18 71:9 B 93:20 94:8 board 11:10 B 4:7 94:20 96:21 11:10,11,13 back 8:6 battling 16:10 19:15 16:24 22:11 23:11 22:4 29:4 28:23 42:18 beat 83:4 30:2 35:2 46:12 60:17 begun 19:7 36:7,11 68:5 71:17 behalf 2:7,15 41:22 42:14 73:20 75:21 3:8,16 42:15,21 79:3 behavior 43:10 65:20 backlog 16:15 26:19 65:21 66:1 84:20,23 33:21 72:22 66:7 70:3 85:4 86:19 73:10 70:21 75:7 banding believe 19:11 75:24 76:5 43:11 20:7 21:6 76:8,14,19 based 12:19 24:2 27:22 77:14,19 19:22 21:16 30:21 31:19 78:9,21 28:19 32:2 33:6 37:10 bolts 25:7 36:12,24 37:12 45:3 bomb 45:3 38:8 40:19 45:10 46:20 bono 19:13 42:17 43:12 48:4,9,12 72:6 53:21 54:1 48:17 49:3 book 83:8 55:22 56:10 49:4 51:10 Booker 63:12 58:18 86:20 55:12,15 63:16,17 87:5,12 56:5,6,8 BOYER 3:11 89:10,17 60:16 61:24 break 16:21 90:3,18 67:16 71:10 16:23 17:2 91:4,17,19 71:14 77:7 52:13,15 basically 78:12 87:6 68:4 75:18 20:23 87:21 94:18 75:20 95:6 basis 19:13 believed 16:8 95:8 27:3 30:9 65:17 75:15 Brendan 23:4 23:9 BRIAN 2:12 brian.kolp... 2:14 briefly 10:14 34:17 bring 9:9 11:12 53:5 broad 90:14 broke 36:23 broken 57:5 brought 21:9 brutality 24:7 budget 39:24 burdensome 91:14 busiest 61:14 business 7:22 83:20 captains 44:21 career 23:22 52:4 carrying 65:5 case 11:14 17:15 29:1 29:2,16 54:15,19 55:16 56:2 67:17 82:8 82:11,12 83:5,7 84:24 85:3 85:23 88:4 88:22 caseload 86:20 cases 28:15 28:23 29:3 29:6 32:23 C 32:24 45:19 C 1:5 2:1 3:1 53:15 73:19 6:6 97:5 78:6 83:14 98:2 84:20 85:4 caliber 42:22 85:10,18 call 12:21 catalog 79:9 57:23 62:7 categories 62:20,24 16:12 79:12 85:2 79:15,20 called 1:10 category 6:3 19:8 13:12 14:12 20:1,14 caused 24:6 22:3 24:1 55:23 25:11,12,13 causing 57:2 35:1,12 certain 25:5 52:3,4,5,6 25:18 26:8 61:7 62:5 40:2 85:18 candidate 90:5 43:20 44:5 certainly candidates 30:8 11:12,16 Certified canine 45:3 1:14 98:3 captain 51:12 99:9 TOOMEY REPORTING 312-853-0648 certify 98:5 Ch 12:24 Chain 58:23 chaired 42:15 change 24:8 27:10 52:23 53:3 67:24 changed 21:15 43:6 43:9 44:2 changes 24:5 65:8 70:24 Channel 30:11,24 31:4,12,15 31:23 32:14 33:6 35:22 charge 61:15 charged 60:11,13,18 60:20,21,24 charges 7:16 7:18 29:17 35:7 61:6 61:19 Chicago 1:16 2:5,10,13 3:3,6,14 8:4 9:2 10:11 10:24 11:10 12:7,13 13:4,21 15:10 16:13 16:15 17:16 21:15 23:3 24:11,15 38:17 40:19 41:12 52:5 55:2 64:14 65:22 66:12 72:23 73:6 74:13,18 75:7,11 79:2 91:4 GARRY MCCARTHY January 20, 2016 Page 3 92:19,22 94:12 99:2 chief 13:18 16:7 23:14 23:16,16 27:17 28:1 28:4 32:9 32:10 42:5 42:5 49:1 52:17,18 55:19 58:8 58:12,14 59:3,5,16 59:17 68:18 68:19 69:8 69:10 71:14 71:16,18,22 78:23,23 80:5 83:12 84:1,19 85:8 86:7,9 86:11 87:9 87:16 chiefs 42:16 43:11 44:22 44:22 58:8 58:16,19 81:7,16,21 circumstance 92:13 circumstan... 89:18 90:5 90:9 91:3 91:21 93:12 citizen 36:13 79:24 90:7 96:8 city 2:10 3:3 10:18,21 17:16 21:15 21:17 26:3 34:4,15 35:22 36:1 36:4,24 37:7,14,22 38:8 61:14 68:23 74:17 87:13 96:6 Civil 1:11 2:10 3:3 civilian 35:1 36:6,10 75:1 civilians 16:19 36:10 claims 17:16 clarify 5:17 72:16 cleaned 85:3 CLEAR 7:9 9:7 24:23 25:4 Clifford 2:16 closely 59:12 59:17 clue 7:11 code 63:19,22 63:24 64:14 65:4 67:7 67:12,18 68:8 87:16 come 28:14 28:15 29:20 32:23 42:1 43:12 53:4 54:3 70:19 72:4 87:1 comes 34:2 46:19 90:24 coming 10:5 24:23 command 23:6 30:10 30:24 31:4 31:11,15,23 32:14 33:6 35:22 58:23 68:15 94:13 commander 6:14 7:2,13 7:16,18 9:22 10:3 23:1,7 32:7 32:8 41:3,8 41:21 42:1 42:4,23 45:9,13,24 47:24 48:3 48:5,15,24 49:12,14,17 49:23 50:8 51:2,6,11 51:15,16 55:16,22 56:9,24 57:21,24 58:1,13 59:24 60:5 61:15 62:2 62:6,8,9,12 62:17,19,20 63:1,2,15 87:23 88:9 88:21,24 commande... 51:13 commanders 41:5 42:2 44:22 58:5 58:17,21 94:5 commanding 31:4 commence... 98:6 comment 42:10 commissio... 10:19 35:14 35:16,18 commissio... 35:12 committed 47:3 65:18 committee 71:4,9 communic... 88:21 communities 74:24 community 21:7,12 company 19:21 complain 62:1 63:12 complainant 83:17 complained 36:22 complaining 36:8 62:5 complaint 35:2 36:7 36:10 64:8 79:24 80:11 82:9 complaints 13:10 25:14 25:19,21 26:23 27:14 27:15 65:13 74:6 83:23 96:8 complete 81:18 84:8 86:21 completed 82:24 83:15 completely 62:13 66:10 completes 29:9 completing 64:9 completion TOOMEY REPORTING 312-853-0648 85:3,24 compliance 92:17 93:2 93:4,8,15 component 13:9 44:4 58:10 compound 91:12 concern 67:6 82:13 concerning 98:9 concerns 73:11 78:8 conclusion 29:21 54:3 87:2 96:15 conclusions 28:15 concur 29:23 30:1 56:11 concurred 29:22,23 65:20 66:3 66:4 conditions 22:22 conduct 22:17 35:3 37:24 38:5 38:11 40:18 65:4 conducted 31:15 36:2 73:16,22 conducting 31:23 conferral 19:18 conferred 49:4 confused 5:16 20:13 25:9 consider 49:7 72:20 94:4 considered 23:2 36:16 44:11 48:8 48:14 49:22 50:2 63:21 considering 45:8,12 48:20,23 49:5,11 consisting 97:13 constitutes 98:13 consult 44:10 45:7 49:10 consultant 72:5,6,7 Consulting 8:2 consumma... 55:24 contact 47:19 61:2 contacting 61:18 continue 32:5 47:18 52:20 58:1 continued 5:5 contract 57:14 control 68:19 69:1 controlled 37:23 69:2 convene 72:3 convened 70:12 71:18 conversation 17:11 18:1 GARRY MCCARTHY January 20, 2016 Page 4 40:11 49:1 55:10,13,19 56:7,12,15 57:16 61:12 61:17,21 62:16 67:19 68:8 70:6 71:2 81:24 84:11 86:23 87:5,15 88:17 conversatio... 15:3 16:6 17:7 19:6 67:5,11 80:4 81:15 convey 78:8 cooperate 91:7 copy 20:6,8 Corey 63:12 63:16,17 corporation 16:6 17:8 17:11 18:1 18:8,10 77:5,23 correct 17:5 18:14 24:19 25:19 27:7 44:5,6 45:15 47:24 51:17 52:18 58:15 59:14 62:7 71:22 72:10 76:16 76:17 79:7 84:14,17 88:15 89:15 95:24 97:15 correctly 42:6,19 43:13 corruption 23:11 34:23 36:5 Cottage 46:23 council 96:6 counsel 16:6 17:8,11 18:1,8,11 29:15 30:23 77:6,23 88:3 98:21 98:22 country 70:13,18 72:4 74:24 COUNTY 98:2 couple 6:13 24:2 25:8 course 39:22 92:21 COURT 1:1 97:1 courtesies 65:6 Courtesy 61:3 Courts 1:12 covering 66:14 CR 26:10 29:10 30:16 30:18 31:16 32:13,18 49:2,8 50:1 57:21 79:4 79:6,7,21 80:6,12,16 80:21 84:8 87:20 95:10 created 22:3 23:5 creating 23:18 crime 41:16 47:7,11 65:13 68:19 crimes 22:20 criminal 61:5 61:19 criminally 60:24 criteria 41:17 critical 23:12 CRs 26:1,4,6 26:7 27:7 49:21 crying 91:1 culture 16:19 currently 7:19,21 curriculum 92:20 cut 57:4 84:23 cutting 86:19 decision 31:5 57:24 77:6 Decree 42:18 Deenihan 23:4,9 Defendant 3:16 defendants 1:7 2:16 97:7 defending 35:15 degree 40:14 delegated 15:7,20 96:7 delete 8:12 demote 51:11 denying 76:8 department 8:4 9:3 10:12 11:1 12:8,14 D 13:1,5,21 D 4:1 6:6 13:22,24 D.T 2:16 14:1,7,9,22 daily 27:3 15:11 16:14 date 5:5 16:16,18 David 69:11 19:16 21:15 Davis 69:9 22:1 23:4,9 day 26:16 24:15,17 42:18 60:14 25:4,10,24 60:16 61:15 27:6,9 82:22 88:22 29:13,15 97:20 99:2 30:11,17 days 16:11 31:23 32:15 29:24 76:1 33:22 34:5 76:4 88:6 34:5,7 35:4 dealer 14:17 35:10 37:8 deals 46:17 38:17 40:5 December 41:6,12,23 8:5 27:10 42:2,13 decided 44:19 45:22 79:21 46:9 51:23 TOOMEY REPORTING 312-853-0648 54:10 55:2 58:2 64:15 65:8,23 66:13 67:7 67:13 68:9 69:23 70:22 72:10,23 73:3,7 74:11,20 75:12 76:15 78:11 79:2 87:17 89:1 89:9,20 90:6 91:5 92:18,20 93:1 94:12 Departmen... 40:20 departments 70:17 75:1 depending 69:10 depends 14:8 deponent 3:9 96:24 97:10 deposition 1:9 5:3,11 6:10 8:7 10:6 97:11 97:12 98:10 98:16,18 depositions 1:13 deputy 10:19 23:15,16 32:9,11 42:5,16 43:11 44:22 44:23 58:8 58:14,16,19 59:5,16 68:18,19 69:10 describe 7:1 7:4 10:14 11:3 26:11 34:14,17 72:12 described 30:22 detail 7:8 detective 22:7,8,12 58:11 detectives 23:21 44:20 45:4 determinat... 31:2 43:4 54:17,21 96:5 determine 29:17 35:17 77:24 92:2 determined 42:21 54:12 85:17,20 determiner 16:11 73:1 determines 36:19 determining 82:11 different 20:20 26:13 26:23 34:12 42:9 47:7 58:11 59:6 70:17 71:21 71:24 72:1 75:15 92:13 differentiate 14:10 difficult 73:8 Dike 72:24 DIRECT 4:3 direction 59:19 98:13 GARRY MCCARTHY January 20, 2016 Page 5 directly 98:23 director 10:21 disagree 28:22 31:18 31:19 33:1 disagreed 31:24 32:1 disagreeing 33:2 discharges 82:20 disciplinary 6:15 7:3 8:23 9:4 10:3 16:8 19:14 21:1 21:22,24 28:18 45:18 45:23 46:2 46:12,17 48:16 51:3 67:23 70:10 70:20 72:21 73:1,5 84:12 96:16 discipline 17:4 31:19 33:3,4 34:6 35:20 65:7 70:12,16 74:16,21 76:1,3 83:10 95:12 disciplined 34:2 72:9 94:19 disciplining 33:8 54:23 95:21 discourse 67:22 discretion 38:10 discuss 11:21 18:16 51:2 60:8 69:21 78:15 81:8 discussed 18:13 50:23 53:9 60:9 81:21 84:13 84:16 discussing 70:2 discussion 61:10 dismissal 65:19,24 disposition 7:15 dispositions 7:6 46:5 disrespectful 62:13 disseminated 69:13 dissertations 70:16 district 1:1,1 1:12 23:6,7 32:6,6 47:9 51:7,9,14 59:3,24 61:14 62:10 88:12 90:22 97:1,1 disturbed 6:17,21,24 division 1:2 2:11 3:4 22:12 70:22 82:7 85:24 97:2 DNA 55:22 doctor 64:2 doctorates 70:15 document 7:1 7:4 8:6,14 8:18 9:11 10:2,7 documents 6:9,14 doing 14:2 21:2 26:17 26:18 41:13 44:8 54:20 80:14 double 47:1 doubt 15:9 draw 29:21 dream 96:16 Drive 3:13 drug 14:17 duly 5:2 6:4 97:9 98:8 duties 94:18 duty 56:3 dysfunctio... 16:8 17:4 72:10,21 73:4 84:11 either 21:16 29:1 51:23 54:15 62:6 63:2 69:9 79:6 elapsed 61:16 else's 91:23 Emanuel 60:8 67:6 67:11 emotionally 6:17,21,23 employed 7:19,21 employee 98:20,22 encompass 46:7 encountered 47:15 encourage 91:6 enforcement 10:12,15 12:20 60:3 engage 54:4 engaged 47:1 E 58:23 60:2 E 2:1,1 3:1,1 entail 25:16 4:1,7 6:6,6 entered 43:7 e-mail 8:12 entire 19:18 earlier 23:21 37:5 45:21 24:24 71:10 46:8 65:12 87:2 88:23 67:22 83:1 early 19:3 entirety 65:1 71:11 81:24 entities 16:16 EASTERN equally 94:10 1:2 97:2 essay 11:4,8 Eddie 23:13 established 23:20 48:4 85:14 48:6,9,13 et 1:6 97:6 effective ethic 42:11 86:12 ethnicity efforts 67:24 13:13 TOOMEY REPORTING 312-853-0648 Evans 1:6 3:16 5:4 7:13,16,18 9:13,22 46:21,23 47:9,15,17 48:2,7,14 48:20,23 49:15,22 50:2,8,18 51:1,6,8,16 51:20 52:7 55:11,17 56:9,19,24 57:18,21,24 59:10,12,18 59:24 60:5 60:7,13,18 60:23 61:5 61:11,22 62:6,8,17 62:19,20 63:1,2,13 63:15 87:23 88:9,18,21 88:24 89:8 89:13 93:7 94:4 97:6 Evans' 6:15 7:2 10:3 49:2 55:22 55:22 62:2 62:9 event 22:7 events 47:10 everybody 27:2 evidence 78:1 exactly 60:15 examination 1:10 4:3 98:7 examined 6:4 example 45:8 87:3 examples 14:16 92:8 92:9 exception 23:10 excessive 24:16 69:22 75:13 82:3 executed 30:8 executive 20:22 23:18 existed 23:19 expanded 22:2 expect 8:22 83:16 expectation 59:4 expectations 58:19 experience 41:9 70:17 89:17 91:20 experienced 22:24 experts 70:12 72:3 explained 30:7 78:17 extended 65:3 extensive 23:20 47:4 extent 39:11 64:20 66:21 72:15 79:9 F F 2:12 fact 53:19 54:3 57:5 74:4 78:5 81:23 85:13 GARRY MCCARTHY January 20, 2016 Page 6 factors 92:2 facts 66:22 fair 83:16 93:2,3 familiar 12:12 63:19 63:21 89:3 far 45:17 46:12 60:17 95:2 fashion 21:8 favorite 94:5 federal 1:11 2:10 3:3 42:17 43:8 67:15,16 Felicia 69:9 felt 86:24,24 few-minute 16:21 52:13 95:6 field 58:6,14 58:20,20 59:12,18 Fifth 94:17 file 27:16 30:18 35:7 57:21 83:6 87:20 95:10 files 24:22 83:13 fill 11:8 52:9 filling 48:11 final 16:10 35:19 72:24 75:24 find 78:18 82:4 83:5 83:21 finding 29:10 29:13 30:16 31:18,21 32:2,18 33:2 35:6 79:3 80:18 findings 20:11 75:12 fingerprint 91:3 fingerprinted 88:13 finish 83:2 firearm 56:3 firearms 82:19 fired 94:19 first 5:2 6:3 17:10 18:19 22:5,13 24:18 26:14 26:14 30:17 32:10 42:15 44:23 46:21 46:22 47:17 51:5 68:18 97:9 five 9:18 30:6 65:11 Floor 3:13 focus 65:2,12 82:12 focused 65:16 folks 39:21 39:24 71:19 follow 63:1 77:10 followed 58:24 59:22 follows 6:5 force 13:9 14:11 24:17 25:11 36:8 57:1 69:22 74:5 75:13 82:3,9,13 89:4,9,13 89:18 90:6 90:10 91:6 92:3 foregoing 97:12,15 98:10 forget 12:20 25:12 42:3 52:5 55:14 56:4 77:4 forgot 40:1 form 8:17 15:13 21:13 32:19 33:10 40:21 43:23 49:13 64:16 66:16 73:24 77:20 85:12 86:13 89:21 91:8 93:16 93:23 94:6 94:23 95:14 96:9 formal 26:20 27:4 29:8 forward 42:12 85:23 forwarding 48:12 found 57:13 80:7,12,16 foundation 64:21 66:17 four 68:20 75:3 fourth 90:23 frankly 7:7 frequently 28:3 78:4 front 35:13 62:12 96:4 96:15 full 56:3 79:9 function 54:13,14 funding 39:12,17,19 further 73:20 81:13 96:19 96:24 G G 2:3,4 gang 26:18 Garry 1:9 3:9 4:2 5:9 6:2 97:9,18 gender 13:13 general 13:1 29:15 30:23 42:19 43:8 88:2 generally 9:6 59:23 generate 55:6 55:7 generated 19:22 20:15 69:17 gentleman's 55:14 geographical 22:19 getting 75:4 give 7:8 14:16 31:9 42:20 56:17 82:6 given 21:12 45:16 47:10 88:3 97:16 98:14 glanced 7:7 9:20 Glenn 1:6 3:16 46:21 46:22 47:15 47:17 48:2 48:7,14,20 48:23 49:2 TOOMEY REPORTING 312-853-0648 49:21 50:7 50:18 51:1 51:5,8,16 51:20 52:7 55:11,21 56:19 57:18 59:9,12,18 60:6,13,18 60:23 61:5 61:11,22 63:13 88:18 89:8,13 93:7 94:4 97:6 go 12:22 22:11 23:6 25:15 28:14 29:3,5 30:2 30:22,24 32:4,24 34:9,20 37:3 39:13 39:20 43:13 53:14 64:23 82:8 92:19 92:21 goes 46:20 77:7 82:19 going 5:14,15 8:6 17:13 26:15 31:3 55:21 60:20 61:13 64:20 66:20 72:14 79:8 82:11 90:2 91:11 good 22:9 43:5 83:19 86:18 graduating 89:11 grand 67:15 grandfathe... 12:21 great 14:23 greater 29:1 group 19:8 Grove 46:23 guess 13:11 41:23 66:8 66:10 guilt 35:17 gun 47:2 55:17,22 56:1,5,24 Gus 55:20 H H 4:7 Hall 68:23 hand 99:2 handcuffs 36:9 handle 82:7 83:9 84:3 85:9 handled 36:10 handlers 45:4 handles 85:18 happen 30:17 32:2 54:7 71:3 happened 15:17 47:5 59:4 62:18 77:16 happening 34:1 59:2 91:21 happens 73:1 harassment 36:19 hard 36:14 head 23:24 24:4 65:12 91:23 GARRY MCCARTHY January 20, 2016 Page 7 heavy 83:13 Helm 51:12 hereto 98:23 hereunto 99:1 higher 49:12 hired 72:5 history 6:15 7:3 8:23 9:4 10:4 45:18 45:23 46:2 46:18 48:16 49:2,8 51:3 hit 36:14,23 holding 10:10 hollering 62:11 homicide 22:8 hours 12:18 hundreds 65:7 hypothetical 37:5 89:24 90:3,12 91:9 3:6,14 12:18 97:1 98:1,4 99:2 imbue 41:11 impair 73:5 implement 21:20 73:9 implemented 21:18 74:17 important 23:8 43:2 impossible 57:3 improve 22:16 incident 53:24 63:2 include 9:12 9:15 14:15 inclusive 97:13 incomplete 37:4 89:23 90:11 91:9 incorrectly 82:24 increased I 22:23 I-l-i-a-n-a Indicating 27:21 80:2 IA 24:2 36:17 indirectly 37:1 54:14 98:24 84:2 85:9 individual idea 9:19 2:16 26:1 41:7 50:12 31:14 45:9 52:11 89:2 45:13 49:11 identify 54:2 57:7 25:18 60:1 64:1 Ilana 27:19 73:18 90:24 53:4,14 92:12 94:18 81:24 individual's Iliana 27:21 45:23 46:8 Illinois 1:1,15 57:1 1:16 2:5,13 individuals 11:15 22:21 33:22 41:3 41:21 42:8 42:21 43:4 43:11,17,22 47:2 53:5 55:3 70:15 74:21 75:3 75:9 94:11 information 88:4 informed 60:20 initial 62:24 initially 30:14,15 80:11 87:4 injury 36:19 57:3,7 innocence 35:17 inordinate 82:18 input 33:24 78:20 inspector 42:19 43:8 instance 42:10 instances 44:23 77:18 instilling 74:20 instructing 60:1 integrity 42:10 intelligent 86:23 interaction 59:7 interactions 19:15 interest 87:12 interested 98:23 internal 14:13 19:16 22:2,5,13 22:14,16,18 22:24 23:10 23:14,17 24:6 34:23 35:3,24 36:6 37:11 37:15,23 38:9 54:20 65:10 70:22 82:7 85:23 internally 20:24 21:21 interview 11:18 24:24 43:1,14 50:7,11,18 54:2 interviewed 44:4 51:1 interviewing 43:16,20 50:20 interviews 11:13 investigate 14:20 15:11 24:6 34:6 37:15 38:10 39:4 64:13 66:13 74:12 82:9 83:22 96:8 investigated 34:23 35:1 36:15,16 37:1,10,12 38:21 95:11 95:22 investigates TOOMEY REPORTING 312-853-0648 13:22 14:6 14:11,13 16:12 investigating 13:9 15:7 15:21 22:20 74:5 82:2 96:14 investigation 19:22 28:19 28:24 29:9 35:4 38:1,6 38:11 40:18 45:11,14 54:11,16,19 73:16,20 80:22 81:10 81:13 82:6 83:2 84:9 86:1 96:3 96:14 investigatio... 14:2 22:17 24:12 36:2 73:22 81:18 86:22 investigative 23:21 84:24 investigator 22:9,12,15 23:3 investigators 36:1 38:21 39:1,3,9 40:13,17 investigato... 39:22 invokes 94:16 involves 13:12 iPad 7:5 IPRA 13:3,7 13:8,8,16 13:18 14:2 14:11,20 15:6,20 16:12 19:15 24:12 25:22 27:17 28:17 29:9 30:13 30:15 32:1 32:13,18 38:18,21,24 39:9,13,19 40:12,17 45:7 49:1,4 49:11 52:17 52:18 54:13 54:16 70:21 73:15,22 75:13 79:3 79:6,21 80:5,7,10 80:16,21 81:7,16,17 81:21 83:1 83:13,22 84:8,20 85:18 86:12 87:9,22 95:11 96:7 IPRA's 31:5 irrelevant 18:22 Irving 62:1,4 62:5,9,11 62:17,19 issue 17:8,12 18:2,16 60:8 63:9 74:18 issued 20:17 20:17 issues 29:18 36:7 73:21 74:1 J GARRY MCCARTHY January 20, 2016 Page 8 J 3:5 know 9:9 Janey 69:9 15:1 19:21 January 1:16 20:3,8,11 Jason 72:24 20:13,18,19 jeopardize 20:19,21 95:19 21:4,14 Jersey 10:22 25:7,9 30:6 job 26:18 31:7,8 36:4 86:19 38:17 47:16 Johnson 48:4 47:22 48:2 48:6,9,13 48:6 50:1 join 17:18 52:7 53:17 64:18,19 55:24 57:15 66:19 81:1 58:16 59:1 91:10 94:8 60:11 63:15 judges 35:11 63:17 66:2 July 10:16 67:15 68:14 jury 67:16 69:16 70:14 71:7 77:12 K 77:16,21 K 98:2 81:3 84:20 K-e-a-r-n-e... 85:1 87:9 19:10 90:16 92:2 K.L 2:17 92:6,9,10 Kearney 19:8 93:7 95:19 19:10 20:1 knowledge 20:17 71:19 25:3 35:21 keep 55:3 39:8,14 KENNETH 40:16 41:9 3:12 51:19 79:18 kenneth.ba... 89:8 92:24 3:15 93:10,11 kept 46:18 knowledge... 56:5 22:21 kicked 43:10 KOLP 2:12 killed 41:14 64:19 66:20 kind 59:22 72:14 79:8 King 1:3 5:4 91:11 93:19 5:7 57:20 93:22 94:24 88:11 97:3 96:22 King's 50:1 L 87:20 88:8 88:18 Labor 60:14 knew 61:9 60:16 61:14 laid 56:18 larger 39:24 LaSalle 2:12 3:5 law 2:2,9 3:2 3:10 10:12 10:15 12:19 lay 64:20 leadership 41:9 learn 13:3,15 13:21 23:7 30:3 learned 13:7 87:24 led 67:22 left 27:9 52:17 87:9 87:11 legal 77:24 legalities 29:19 length 81:22 83:21 84:18 85:2 let's 16:20 30:18 level 26:23 32:4 36:8 36:19 77:7 License 99:10 lieutenant 23:2 47:8 51:17,20 52:8,10 lieutenants 44:21 lighten 82:15 83:11 limit 37:15 line 17:14 18:21 26:14 37:6 62:11 64:21 matters 73:2 98:9 mayor 11:16 11:16,18,21 11:24 12:3 12:5 15:6,9 15:19 16:4 16:5 18:14 18:17,20 19:5,7 44:10 60:8 61:7,8,11 63:8 67:6 67:11,20 68:8,11,15 68:21 69:1 69:21 70:2 70:7 71:8 71:12,17 75:10 78:9 78:15,20,22 84:7 mayor's 16:7 68:21 69:6 69:8 71:22 McCART... 1:9 3:9 4:2 5:9 6:2,8 83:4 97:9 97:18 mean 26:12 43:21 49:14 M 53:10 55:5 M 6:6 64:6,9 69:3 machine 91:3 82:17 maintained meant 56:1 81:17 meet 46:21 major 79:20 68:20 making 51:16 meeting 12:3 74:22 85:6 12:4 21:9 MARKED 28:6 46:22 4:9 47:8 50:23 matter 78:4 53:17,18,23 81:23 68:17 69:7 lines 87:14 list 42:20 55:3,7 69:4 LITIGATI... 2:11 3:4 little 20:13 55:23 LLC 7:24 8:1 load 82:15 83:11,13 lockup 88:12 89:20 90:22 90:24 log 84:24 long 81:17 84:8 look 27:13,14 41:8 46:3 70:19 71:15 71:20 72:5 72:7 looked 7:4 27:6 lost 78:6 lot 62:10 82:23 love 94:10 low 36:8 lying 54:4,10 Lynnette 51:12 TOOMEY REPORTING 312-853-0648 69:14,17,19 88:1 meetings 11:23 13:17 27:24 28:4 28:9,12 52:20,24 53:2,9 69:20 70:1 member 31:22 76:15 78:11 90:6 members 13:23 14:7 24:17 34:7 44:19 memo 41:23 Menionez 55:20 mention 68:11 mentioned 16:13 18:13 18:20 25:18 31:1 50:6 merit 41:22 42:13,14,21 51:24 52:1 52:8 meritorious 45:2,5 met 28:6 47:17 68:16 81:7 methods 19:17 59:6 military 65:5 mind 44:13 mine 24:10 minor 65:4 minutes 69:16,18 misconduct 9:13,16 GARRY MCCARTHY January 20, 2016 Page 9 13:23 14:7 14:8,10,21 15:8,12,21 23:11 25:6 33:9 34:7 34:22 36:6 36:16 37:1 37:16 38:12 38:22 39:4 40:19 57:18 62:2 64:4 73:23 74:13 82:12 misspoke 24:9 mistaken 37:11 moment 12:4 21:10 money 14:17 40:1 monitor 24:16 25:5 26:1,4 42:17 43:9 monitoring 25:11,15 26:8,12,20 26:24 27:1 27:4 monitors 26:14 monthly 28:5 52:20 53:18 months 12:22 Morrissey 2:3,4,4 4:4 5:3,6,10,13 6:7 9:1 14:5 15:18 16:3 16:20,24 17:1,23 18:7 19:4 19:20 24:19 25:2 27:23 33:5,14 34:13 37:13 37:21 38:7 38:15 41:1 44:1,16 49:16,20 52:12,16 53:11 54:6 67:4 68:2,5 68:6 74:8 75:18,21,22 77:1 78:7 79:14 81:6 86:3 90:4 90:20 92:1 92:15 94:3 94:15 95:6 95:9,23 96:18 mouth 55:17 move 51:22 91:2 municipal 24:11 murder 47:1 47:3 28:7 83:11 need 26:11 83:9 needed 28:15 69:5 82:10 negotiate 28:23 30:2 network 70:14 new 10:18,21 25:10 34:4 34:15 35:22 36:1,4,13 36:24 37:7 37:14,22 38:8 43:7 52:4 74:10 Newark 10:21 25:11 nonreview... 46:20 North 2:12 3:5 NORTHE... 1:1 97:1 Notary 97:22 notice 5:5 notified N 80:18 N 2:1 3:1 4:1 number 6:6,6 11:12 21:18 name 5:6,8 23:17 26:13 35:11 55:14 26:22 27:6 55:15 47:7 53:6,6 named 23:4 59:6 70:17 51:12 85:19 names 53:7 numbers narcotics 42:3 26:17 58:10 nun 83:4 nature 13:14 nuts 25:7 42:11 91:12 O 91:14 95:1 nearby 54:1 O 6:6 98:2,2 necessary o'clock 47:5 oath 54:4 97:10 object 17:13 64:20 66:20 72:14 79:8 91:11 93:23 94:24 objecting 86:17 objection 8:17 15:13 15:22 17:19 18:3,21 32:19 33:10 33:17 34:8 34:9,18 37:2,4,17 38:2,14 40:21 49:13 64:16 66:16 73:24 76:21 77:20 80:23 85:11 86:13 89:21 90:11 91:8 92:5 93:16 94:6 94:20 95:14 96:9 observation 58:18 59:7 91:20 observe 59:24 observing 58:22 obviously 22:8 39:24 occasion 18:17 occur 28:10 occurred 28:8 57:6 81:5 October TOOMEY REPORTING 312-853-0648 10:16,20 office 28:11 69:7 officer 9:4 10:17 12:10 12:17 15:12 16:15 17:5 23:18 25:13 26:1,5,9,12 26:22 27:7 31:5,16 32:6 33:8 33:21 34:1 35:7,13 36:14,23 37:16 38:9 38:11 53:20 54:12,17,21 54:24 57:10 64:3 72:23 75:24 76:9 82:4 83:3 83:17 89:18 90:10,23,23 91:6,19 92:12 93:14 93:18 94:16 95:13 officer's 27:16 officers 25:5 25:18 26:8 33:23 36:1 39:6 46:24 60:2 62:13 65:14,17,18 66:14 70:5 72:9 73:2 73:17 74:11 83:18 89:5 90:23 92:11 93:1 OFFICES 2:2,9 3:2,10 official 64:9 94:18 Oh 88:1 okay 5:17 38:13 50:16 older 85:4 once 47:21 85:17 online 11:5,7 open 50:2 57:21 83:13 84:21 95:10 opinion 31:10,21,24 68:1 75:14 86:11 opportunity 22:14 option 22:5 options 31:14 79:10 orally 5:16 order 88:13 91:2 orders 13:1 ordinance 24:11 organization 13:16 organizatio... 65:6 orientation 13:13 outcome 75:16 77:12 98:24 outside 74:5 77:7 overall 19:17 84:24 override 57:9 77:18 overrule 31:5 overruled GARRY MCCARTHY January 20, 2016 Page 10 76:19 77:14 pattern 66:14 oversight 69:22 75:1 79:1 Peggy 1:14 98:3 99:8 P people 49:5 P 2:1,1 3:1,1 55:9 P.A 3:11 perceived p.m 1:17 67:12 PAGE 4:1,9 percent 66:3 pages 97:13 66:4 pain 92:17 percentage 93:1,4,8,14 45:5 panel 70:11 performance 70:19 72:3 23:12 58:22 papers 87:11 periodic paperwork 27:24 42:7 48:12 person 16:17 48:19,22 42:4 52:8 64:10 82:5 63:3 74:19 82:16,19,23 92:10 82:23 83:6 personal 25:3 84:3 39:8 40:16 parcel 70:8 51:19 89:7 71:1 93:10 98:13 parking personally 62:10 21:23 43:3 part 30:9 43:22 89:15 70:8 71:1 93:5 84:10 personnel particular 24:22 27:16 27:7 45:17 particularly persons 6:17 7:5 6:24 53:6 parties 98:23 pertaining Pat 5:6 1:12 Path 52:4 Pett 18:9 PATRICK philosophies 2:4 41:11 patrickmor... phone 8:10 2:6 57:16,23 patrol 26:15 61:17 62:7 32:10 58:8 62:24 58:9 59:3 phonetic 18:9 59:21 55:20 photograp... 88:13 physical 14:21 15:11 57:3 pick 22:6 place 35:10 51:8 91:22 97:14 98:17 Plaintiff 1:4 1:10 2:8 5:7 97:4 Platt 3:5 6:13 8:17 15:13 15:22 17:13 18:3,21 24:18,20 32:19 33:10 33:17 34:9 34:20 37:2 37:17 40:21 43:21 49:13 50:5 53:10 64:16,23 66:16,24 72:18 73:24 77:20 80:23 85:11 86:13 88:1 89:21 90:11,15 91:8 92:5 93:16 94:6 94:22 95:14 96:9,20,23 please 5:17 75:17 pleased 85:7 point 39:12 46:19 49:6 56:8 60:10 85:5 92:16 pointed 16:7 74:18 police 8:4 9:3 10:11,17,21 10:24 11:10 11:10,11,13 11:22 12:1 12:7,13,23 13:4,21,22 13:23 14:1 14:7,9,21 15:8,10,12 15:21 16:10 16:13,15,16 16:18 17:5 19:15,16 21:14 22:1 23:3 24:7 24:11,15,15 25:4,5,18 25:24 26:4 26:8,12 27:5,5,9 29:3,12 30:2,11,15 30:17 31:16 31:22 32:15 33:8,21 34:5 35:18 36:13,22 37:7 38:11 38:17,22 39:4 40:4 40:18,19 41:2,6,10 41:12 45:22 46:8,24 51:23 55:2 57:8,11 58:1 59:10 60:7 61:23 62:13,22 64:3,15 65:19,21,23 65:24 66:7 66:12 67:7 67:12 68:9 TOOMEY REPORTING 312-853-0648 69:23 70:3 70:12,14,16 70:21,21 72:9,22,23 73:2,6,16 73:23 74:24 75:1,7,12 75:23 76:5 76:8,14,19 77:13,19 78:9,21 79:2,23 80:20 82:3 83:3 85:22 87:19 89:1 89:9,11,18 89:20 90:9 91:5 92:18 92:20,22 93:1 94:12 94:16 police-relat... 13:10 14:12 policies 29:7 89:3 91:5 policing 41:13,13 73:9 policy 6:16 6:20,23 11:22 23:5 24:8,10 43:7 pose 92:11 posed 90:19 91:18 position 10:10 23:18 51:2 52:8,9 positions 23:8 45:1 94:13 positive 9:8 30:20 48:13 62:18 80:3 possession 8:8 possible 28:18 potential 44:5 power 75:6 powers 57:11 59:10 60:7 61:23 62:22 practice 69:22 pregnant 83:4 preparation 6:9 8:7 88:1 presented 21:7 pressure 92:16 presume 9:23 51:4 55:5 67:21 89:10 pretty 40:2 previous 98:6 previously 53:14 72:8 Price 88:3 PRIETO 3:11 print 7:9 printed 9:6 11:7 printout 9:9 46:4 prior 10:10 50:8,18 51:16 69:14 privileges 94:17 pro 19:13 24:2 72:6 proactive GARRY MCCARTHY January 20, 2016 Page 11 probably 18:18 19:2 23:2 39:18 47:13 54:8 63:4,11 65:11 66:9 67:8 79:19 problem 74:6 78:16 82:5 84:4 problems 53:15 73:15 73:19 82:17 85:21 procedure 1:11 29:11 30:4,8 77:10 85:22 procedures 11:22 21:16 89:4 91:5 proceedings 98:15 process 11:3 11:12 17:4 19:7 20:16 21:24 24:24 27:11 28:16 30:21 31:8 32:5 33:7 41:22 42:23 43:9,14,19 43:21 44:3 48:11 53:13 56:4,8 71:23,24 76:24 77:2 77:17 78:18 82:2 84:2 processed 43:6 produce 78:1 profession 64:2 professional 64:4 65:15 professiona... 65:3 67:3 professionals 70:14 programs 25:9 progress 85:6 promote 23:15 41:3 44:20,21 45:12 promoted 22:9 23:1,6 23:14 44:15 47:23 48:3 50:14 51:20 promoting 45:8,24 50:8 promotion 42:1,23 43:10,17 44:5,11,12 45:5,9 48:8 48:15,20,24 49:5,12,23 50:3,19 promotions 44:18 45:2 proper 83:6 properly 82:24 proposal 59:22 71:13 propose 54:23 prosecuting 35:14 prosecution 35:9 prosecutor 35:5 7:12,15,17 8:13 9:24 10:9 11:6 17:22 18:19 20:7 28:7 37:20 39:16 42:6,14,19 43:13 44:7 45:1 47:12 47:22 48:21 49:19,21 50:4,13 51:4 53:7 56:14,20 57:15,19,22 59:19,20 60:9,12 61:16 63:4 63:5,10 R 67:14,20 R 2:1 3:1 6:6 68:7,13 R.A 2:16 69:24 70:2 race 13:13 76:6,13 raise 15:19 78:3,5 86:6 79:20 80:8 Ralph 88:3 80:9,14,15 Q rank 23:1 81:4 84:6 question 5:17 ranking 84:22 87:18 43:12 8:18 14:23 88:4,7 94:2 14:24 15:14 ranks 10:18 recalled 88:2 51:23 17:17,21 receive 20:6 18:23 27:13 reactive 48:15 41:13 32:20 38:23 received 20:8 40:22 43:23 read 20:21 39:10 62:7 87:11 97:11 receives 47:20 49:14 64:17 66:17 real 36:14 25:13 26:13 really 9:20 67:3 74:2 27:2 28:13 29:5 recollection 75:17 77:21 45:1 53:21 78:13 79:5 29:8 48:19 78:3 81:9,11 50:17,22 realm 33:1 85:13,14 63:5,14 reason 23:19 86:14,15 67:9 76:7 87:8 89:22 reasons 85:18 88:19 90:3,12,18 recall 6:23 recommend provide 89:12,14 provided 40:2 78:24 providing 65:14 prowess 22:16 23:21 public 21:5 62:12 69:11 97:22 publically 64:7 published 20:4 21:12 purchased 24:1 purged 46:19 pursuant 1:11 5:4 pursuit 47:4 put 13:11 22:24 23:16 55:17 78:21 91:22 91:9,12,15 91:17 92:14 92:23 93:17 93:23 94:7 94:23 95:1 95:5,15,20 96:10,12 questioning 17:14 18:22 37:6 64:22 questions 5:14 11:5,8 20:23 43:3 96:20,21 QUINTAI... 3:11 quite 7:7 quote 26:13 TOOMEY REPORTING 312-853-0648 11:15 35:17 42:4,5 65:24 66:7 76:3 recommen... 28:17 32:1 48:10 56:18 56:22 57:10 61:22 76:8 76:15,20 77:14 78:10 85:9 86:2,6 88:6 recommen... 20:20 21:19 29:19 31:9 41:24 42:6 42:13 66:5 70:4,23 74:23 78:24 84:4 recommen... 21:2 30:16 33:2,3 42:8 42:22 53:19 54:5 56:9 59:9 62:21 65:19 70:9 70:11,18 76:1,12 85:22 87:3 87:22 recommen... 75:2 recommends 29:10 record 5:8 16:24 26:6 32:17,22 46:18 68:5 75:21 98:14 recorded 27:15 records 45:17 GARRY MCCARTHY January 20, 2016 Page 12 46:12 recourse 77:9 rectify 78:16 reduce 65:13 65:13 reduced 98:12 referred 88:23 referring 26:21 31:11 46:15 74:4 95:21 reflect 74:22 reflected 65:7 refusal 22:6 refused 88:12 refuses 91:2 regarding 6:16,21 7:2 10:3 17:12 18:2 27:11 28:18 37:7 37:24 40:12 42:7 48:11 49:2 52:23 55:11 56:7 61:11,22 63:2 67:6 67:19 70:4 70:24 73:2 77:17 80:5 81:16,17,21 84:11 87:16 88:18 89:4 89:9,13 regular 30:9 60:4 68:21 regularly 59:21 68:15 regulations 12:13 reinvestigate 80:11 related 30:18 relating 7:13 9:21 79:23 relationship 63:15 relative 98:20 98:21 relatively 43:15 relevance 15:22 33:11 34:8,19 37:2,5,17 38:3,14 86:14,17 89:22 94:7 relevant 94:23 remaining 56:3 remember 20:16 35:11 46:22 47:6 47:8 50:20 50:21 55:19 62:16 70:6 76:11 Repeat 75:17 rephrase 67:9 replacement 56:2 report 19:22 19:24 20:2 20:3,6,9,12 20:14,15,17 20:18 21:7 21:11,20 53:22 82:21 reported 98:11 Reporter 1:14 19:9 27:20 98:4 99:9 REPORTI... 12:24 reports 21:4 21:16 represent 5:7 request 48:7 requested 39:20 Reserve 96:23 resigned 87:12 resolved 63:6 respect 94:11 response 71:12 94:17 responsibili... 15:7,20 96:7 restricted 40:17 result 19:6 33:24 47:7 retiring 10:19 return 11:9 81:10,12 returned 79:21 80:6 80:21 review 6:8,12 10:2 12:24 19:14 21:11 29:13,16 30:11,23,24 31:4,12,15 31:24 32:7 32:9,10,13 32:14 33:7 35:2,22 36:7,11 45:16,22 70:10 74:16 75:7,12 87:20 reviewed 6:20,23 7:2 8:7,14,23 9:3,11 10:7 32:18 53:23 reviewing 48:19,21 revised 6:17 Ricky 55:15 right 22:5 28:21 29:2 45:1 51:10 53:7 60:14 68:2 RIGHTS 2:10 3:3 Rita 1:3 5:7 50:1 57:20 87:20 97:3 Rodgers 2:17 Rosenzweig 27:19 49:1 52:17 53:4 53:14 82:1 83:12 84:2 85:8 Rountree 69:9 routine 59:23 routinely 60:2 rule 23:10 46:11,15 53:20 54:9 54:10,13,24 55:4 65:18 65:23 87:3 rules 1:11 5:14 12:13 37:24 run 47:21 83:19 running TOOMEY REPORTING 312-853-0648 16:18 47:2 S S 2:1 3:1 4:7 Safer 20:15 20:17 21:6 safety 69:11 SAITH 96:24 sat 5:10 30:6 scene 47:9 scenes 47:7 47:11 scheduled 28:5 Scott 39:11 49:6,9 52:18,21 53:5 55:11 56:7,9,17 56:21 84:22 87:10 seal 83:7 second 6:16 12:3 20:14 61:14 section 37:23 see 58:20,21 58:22 seen 93:6 selection 11:17 send 28:23 29:14 39:21 39:23 sent 6:13 73:19 separate 25:8 44:23 53:17 76:15 separation 29:2,3 66:5 74:23 78:2 separations 66:6 sergeant 22:10,11 sergeants 44:21 series 32:23 services 65:15 set 28:12 29:8 99:1 seven 83:18 sexual 13:13 Shakman 42:18 share 16:17 shooting 46:23 shootings 13:10 14:12 short 16:22 52:14 68:3 75:19 76:4 76:10 95:7 Shorthand 1:14 98:4 99:9 sic 27:21 sick 45:18 side 32:15 sidewalk 36:14 sign 35:19 53:21 signature 96:23 significant 85:6 silence 63:20 63:22 64:1 64:14 67:7 67:12,18 68:9 87:16 similar 8:15 43:15 simplest GARRY MCCARTHY January 20, 2016 Page 13 74:18 single 26:16 94:13 Sir 5:7 sit 42:17 48:18 situations 76:13 six 12:22 65:11 83:15 size 22:2 slot 51:13 solicit 41:20 soliciting 41:24 solution 78:19 solve 41:15 somebody 30:6 36:8 41:14 91:22 somebody's 57:2 sorry 7:20 24:9 27:20 36:5 40:8 43:18 53:3 60:19 62:6 66:4 72:6 81:9 84:15 88:2 sort 21:8,13 33:24 64:4 82:4 87:13 South 1:15 2:5 3:13 sparked 67:19 speak 21:17 45:19 64:7 speaking 58:21 67:20 special 13:11 14:12 specialized 39:13,21,22 specific 53:16 59:20 74:14 specifically 50:24 63:10 88:7 specifics 50:21 specified 98:17 speculate 90:2 speed 82:1 84:2 Spielfogel 69:12 spoke 12:4 60:11 69:3 spoken 59:5 87:10 spot 91:1 ss 98:1 staff 9:8 16:7 32:22 55:20 68:19,21 69:8,10,21 70:7 71:15 71:16,18,22 78:23,23 staffed 38:18 standards 73:9 standing 91:1 start 43:16 83:2 started 7:24 24:18 44:8 state 1:15 5:8 98:1,4 state's 60:10 61:1 stated 49:3 87:2 98:19 statement 87:13 States 1:1,12 97:1 statistics 81:16,20 stay 47:18 83:1,7 Stealing 14:17 stenograph... 98:11 step 29:11 33:7,16 94:12 steps 66:11 Steve 18:9 stop 59:23 82:6 stopped 12:3 stops 82:20 store 53:24 straight 24:13 strategies 68:20 street 2:12 3:5 47:1 82:20 strengthen 21:22,24 strictly 58:24 Strike 15:4 30:13 49:8 51:15 58:4 73:14 77:12 80:10 93:11 93:12 strip 57:10 61:23 stripped 56:10,19 59:10 60:7 62:21 83:18 strong 65:2 70:13 structural 70:23 73:21 74:1 structure 52:24 stuck 56:24 study 9:20 subject 45:4 83:17 submit 42:7 SUBSCRI... 97:19 Subsequen... 43:6 substantiate 83:5 successful 78:3 sufficiency 78:1 sufficient 42:22 suggest 49:6 49:9 84:1 suggested 24:23 48:2 60:6 78:18 82:1 suggestions 41:20 Suite 2:13 3:6 summarize 29:20 summary 20:22 superinten... 8:3 9:2 10:11,24 11:19 12:1 12:7 13:4 13:17,20 15:5 17:3 TOOMEY REPORTING 312-853-0648 18:11 24:10 24:14 26:4 27:5,18 28:18 29:12 30:15 38:16 41:2 42:16 44:3,18,24 49:7,10 57:8 59:11 64:13 65:22 66:12 68:18 73:6,12 75:11,23 76:18 79:2 79:23 80:6 80:17,20 87:19 93:13 95:12 supervise 40:9 58:5 58:17 59:12 59:18 supervised 58:7,11,13 83:1 supervising 47:11 supervision 25:16 27:1 27:3 supervisor 22:15 26:15 40:7 supervisors 22:6 45:20 60:1 Supervisory 22:4 supposed 87:7 sure 8:16 18:6 24:3 24:13 30:7 46:13 48:22 50:15 77:3 80:19 81:14 95:17 surrounded 90:22 suspended 76:9 suspension 28:21 29:2 87:23 suspensions 16:11 sustain 78:2 79:6,7 96:4 sustained 25:22,22,23 26:9,22 27:6,13 29:10 30:16 31:16 32:2 32:13 35:6 46:5,6 75:14 79:3 79:17,18 80:17,22 85:21 Sutton 2:16 swab 55:21 swabbed 56:6 sworn 5:2 6:4 12:10,17 36:1 37:16 39:6 74:11 97:10,19 98:8 swung 87:4 system 7:10 9:7 16:9 19:14,19 21:1,22 25:4,15 34:12,14 67:23 70:10 70:20,24 GARRY MCCARTHY January 20, 2016 Page 14 73:5 74:10 74:15,17,21 75:5 77:5 84:12 87:6 systems 26:20 T T 4:7 6:6,6 take 16:20 22:14 35:9 45:11,14 52:9,12 58:4 59:11 66:11 70:19 72:5 75:18 taken 1:10,13 5:4 26:7 67:24 69:18 97:13 98:16 talk 25:17 29:6,20 30:14 69:5 82:16 talked 17:3 talking 8:19 49:16 67:3 93:21 task 47:10 taught 92:17 93:5 team-led 60:2 tech 55:8 technicians 45:3 technique 92:17 93:2 93:5,8,15 technology 24:1 teeth 57:5 telephone 56:13 63:3 tell 12:16 13:7 15:16 15:17 16:4 21:18 30:20 44:17 55:21 57:17,20 60:15 62:4 63:8 66:2 77:2 83:12 84:7 86:4 telling 54:22 62:8 ten 11:14 tenure 18:11 45:21 46:8 65:1 term 63:19 terminate 78:11 terminated 55:1 75:4 terminating 70:4 termination 53:19 54:5 75:2 76:4 76:10 terms 27:4 test 52:6,9 testified 6:4 44:2 66:23 72:8,17 testify 64:3,5 95:3 98:8 testimony 97:16 98:14 thing 27:2 43:5 things 13:14 21:21 23:23 24:3 29:7 42:11 65:4 65:11 69:5 91:18 think 6:18 11:13,14 12:18 20:1 23:24 28:5 30:21 33:15 42:3,15 46:4,10 55:18 56:13 56:20 60:17 61:12 67:2 67:17 69:12 72:2 91:13 third 25:10 THOMAS 2:3,4 3:5 Thomas.Pl... 3:7 thought 20:24 43:2 43:5 82:14 86:18 threat 92:11 three 11:15 75:3 78:13 79:20 90:22 throat 57:1,2 Thursday 60:21 tick 65:10 tight 36:9 time 13:18 18:19 28:1 37:6,14 45:18 46:22 47:14 49:22 50:2 53:16 59:1 61:16 65:14 77:13 77:15 83:22 84:24 86:21 88:20 91:21 97:14 98:17 times 28:6 65:20 77:23 78:6,13 84:8 85:20 titled 19:24 today 48:18 84:13,17 today's 6:9 8:7 told 9:19 21:1 50:5 57:6 60:23 61:5 70:8 71:10 71:19 72:2 84:22 85:5 86:20 88:16 93:4,14 TOOMEY 12:24 top 23:24 24:4 65:11 top-to-bott... 70:9 74:16 topic 68:12 totality 31:20 track 24:16 25:5 tracked 25:1 tracking 26:8 trained 89:8 93:6,8 training 12:19,23 22:23 25:16 39:9,13,15 39:22 40:12 83:10 89:12 89:14 92:20 trains 93:1 transcript 97:12,15 98:11 tremendous 94:11 trespass 62:15 trial 35:12,13 TOOMEY REPORTING 312-853-0648 16:18 38:23 47:20 74:2 79:5 95:5 95:20 understand... 32:3,12 36:12,24 38:9,20 41:10 63:23 63:24 91:4 unduly 91:14 unfound 96:5 unfounded 46:6 79:16 79:17,22 80:7,12 uniform 65:5 union 35:15 37:23 40:20 46:11,15 57:14 unit 26:18 58:9 United 1:1,12 97:1 unquote 26:13 unsustain 96:4 unsustained U 27:14 46:6 Uh-huh upgraded 10:13 23:24 unacceptable use 89:4,9,13 83:23 90:10 91:6 unarmed 93:1 90:10 usually 53:2 unauthoriz... 69:8 87:1 62:14 V unclear 90:12 uncooperat... vague 90:13 89:19 values 74:20 understand Van 72:24 5:13 8:20 vehicle 47:4 35:16 67:16 tried 77:18 trigger 25:17 troubling 74:23 true 97:15 98:13 truth 54:22 98:8 truthful 54:18 try 21:22 trying 41:11 41:15 Tuesday 60:15,21 two 9:15 12:2 42:5 44:22 51:22 53:5 53:6 63:6 two-page 82:21 type 14:8 44:12 types 44:17 81:20 typewriting 98:12 typically 28:9 GARRY MCCARTHY January 20, 2016 Page 15 62:9 venture 66:8 venue 77:4 verbal 13:12 14:13 34:24 36:7 82:14 verbally 89:19 91:1 versus 5:4 vetting 11:11 vicinity 66:9 videotape 53:23 violated 23:4 54:13 55:3 violating 54:24 violation 53:20 65:18 violations 65:23 vision 16:17 71:21,23 73:9 vs 1:5 97:5 W Wacker 3:13 wait 21:20 waiting 41:15 want 24:13 30:13 58:24 74:24 75:5 95:19 wanted 21:21 22:11 39:23 59:1 warranted 29:17 wasn't 60:21 waste 37:6 watching 26:19 way 13:11 19:18 28:16 32:14 51:24 53:21 65:3 68:1 72:8 73:15,22 74:16 83:19 86:24 87:5 87:6 90:19 91:18 ways 51:22 78:15 81:11 We'll 75:18 we've 24:2 84:16 weapon 57:2 wearing 65:5 Website 11:6 weekend 61:15 weekly 68:17 68:22 69:20 70:1 Welch 23:13 23:20 went 10:18 41:24 69:4 Western 1:15 2:5 WHEREOF 99:1 Williams 55:15 witness 4:1 5:1,9,12,18 6:3 8:21 14:3 15:15 16:1 17:20 18:5 19:1 19:10,12 24:21 27:21 32:21 33:12 33:19 34:11 34:21 37:9 37:19 38:4 40:23 44:14 49:18 53:12 64:24 67:1 72:19 74:3 76:23 77:22 79:11 81:2 85:15 86:16 90:1,17 91:13,16 92:7 94:1,9 95:4,16 96:11 98:7 98:7 99:1 witnessed 46:24 witnesses 38:10 woman 36:22 90:21 WOOD 3:11 work 10:12 30:9 33:23 37:14 40:4 41:10 42:10 58:1 87:7 worked 10:15 13:8 19:19 34:4,15 56:5 70:24 working 59:8 77:5 works 28:16 wouldn't 32:22 63:14 70:3 95:18 95:19 96:16 writing 56:18 written 41:17 48:7 53:22 Y Y 25:14 yeah 5:18 32:16 34:16 44:15 79:12 85:16 90:2 93:19 94:22 year 39:18 47:12 54:8 61:20 years 8:3 9:21,24 12:19 30:6 83:15,19 York 10:18 25:11 34:4 34:15 35:22 36:1,4,13 36:24 37:7 37:22 38:8 52:4 74:10 Z Z 82:11 2 23:17 20 1:16 2006 10:17 2011 8:5 10:20 12:6 27:18 29:12 38:17 47:13 47:18 64:12 66:13 67:6 2012 19:3 47:24 50:14 67:10,14 71:11 2013 60:17 2014 6:19 60:16 2015 6:18,20 8:5 27:10 2016 1:16 97:21 99:3 233 3:13 233-7900 2:6 25 66:4 3:14 6 6 48:5 6-96 4:4 60602 2:13 3:6 60606 3:14 60643 2:5 6th 47:9 88:12 90:21 7 70th 3:13 744--4833 3:7 744-0747 2:14 75 66:3 773 2:6 8 81 10:16 853-0648 12:24 3 9 0 3:00 1:17 900 2:13 3:6 47:5 06 10:20 30 2:12 3:5 084-003813 12:19 16:11 99:10 29:24 66:9 1 76:1,4,10 1-97 97:13 30-day 28:20 10150 1:15 29:1 2:5 312 2:14 3:7 11th 62:10 3:14 12:24 13 1:5 97:5 3rd 51:7,9,14 14 53:20 54:9 59:2,23 54:10,13,24 4 55:4 65:18 65:23 87:3 40 12:18 66:9 40-hour 15 88:6 X 92:21 15-day 87:23 X 4:1,7 6:6 1937 1:5 97:5 25:14 26:22 5 2 566-0040 TOOMEY REPORTING 312-853-0648